Legal Question in Civil Litigation in California

Entering new evidence during trial?

I would like to know the rules regarding entering new evidence into the court room during trial. Monday morning I'm testifying in the form of a narration, and after examination am giving my final argument.

I am in pro per and did not introduce evidence during discovery because I thought well-know facts would not be contested by the other parties...

Can someone tell me any loop-holes their may be so that I can save my case?


Asked on 6/24/06, 12:31 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Entering new evidence during trial?

What kind of well-known facts are you talking about? The court can take judicial notice of indisputable facts (for example, the time of sunset on a particular day) but cannot do so where there is room for disagreement.

If the other side asked you for information during discovery and you didn't respond then it should have brought a motion to compel responses. If it made no such motion then you can argue that equity should bar it from hamstringing your case by doing now what it chose not to do earlier. I don't know how your judge will react to this argument and I have not researched the issue, but it may be the best argument available to you at this point.

I see that you submitted your question on Friday, even though it was only posted at about 5:25 p.m. on Monday. My response may be too late, but hopefully the case did not get as far today as you expected it do.

And as you surely realize by now, the time to ask for guidance about the introduction of evidence is long before the trial starts, not the day before it ends.

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Answered on 6/26/06, 8:55 pm


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