Legal Question in Real Estate Law in California
Trial - Evidence: Does cut-off of discovery preclude from trial the documents/evidence not yet provided to opposing side? We are 16 days before trial date. Opposing side requested supplemental docs & roggs. They filed MTC same, the hearing for which is in 4 days. I still want to provide docs and photos and damages calculations & supporting docs to be used at trial. Opposing side has said discovery is closed. How do I get my docs & photos and damages calculation into evidence if other side asserts discovery is closed?
1 Answer from Attorneys
Your post is confusing. If the other side has filed a motion to compel, then why are they claiming discovery is closed? They either want the discovery or they don't.
There is a discovery cutoff prior to trial. "Except as otherwise provided in this chapter, any
party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action." (Code Civ. Proc.,. sect. 2024.020.)
Discovery is a procedure to get evidence that is in the other party's possession or control. But it is not the same as a trial, and just because information and documents have been produce, does not mean that those items are automatically in evidence.
Evidence is submitted at trial subject to the rules of evidence and authentication by proper witnesses. It can be excluded, however, if it was requested in discovery and not provided.
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