Legal Question in Civil Litigation in California
I am defendant. The judge after hearing the plaintiff and gathering our evidence stopped my bench trial so he could review the files from a few related cases. The plaintiff filed a points and authorities document directly with the clerk. This document has many misrepresentations, assumes facts that are disputed and ignores pertinent facts. Am I allowed to file a response to this document? All evidence has been submitted already the judge said he didn't want anymore documents from us. Plaintiffs document has statements that I need to address with facts that have not been made known to the judge yet.
2 Answers from Attorneys
You might just file a very short response with the clerk, and apologize up front in writing for going against the judge's wishes, but you absolutely need to correct what plaintiff first filed. Of course, if all of that already was in evidence, the judge heard it. If not, then it might be worth the effort. You don't want the record to be missing your explanation, if possible. But be ready to take your lumps if your filing makes the judge upset.
A trial is the process by which evidence is introduced to the trier of fact subject to procedural rules and the rules of evidence. It is not a paper war.
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