Legal Question in Real Estate Law in California
notify tenant of evidence to be used against them in court
Do I, the landlord, need to notify tenant (plaintiff) of new evidence before court date, or can I withhold the evidence, and use it in a counter suit which has not been filed yet?
1 Answer from Attorneys
Re: notify tenant of evidence to be used against them in court
When to furnish, disclose, reveal or conceal and withhold evidence is a tricky and technical area that should be entrusted to your lawyer!!! In addition to trial tactics, you are governed by the rules of discovery and of mandatory joinder. A discovery rule may require disclosing your evidence. A mandatory joinder rule may require you to make supplementary claims and counterclaims within the context of the first lawsuit rather than spring them later. Other types of rules may also affect the decision, including the rules of evidence and principles of res judicata and collateral estoppel.
As a general rule courts dislike evidence surprises and the rules are designed to prevent surprise. Skillful attorneys know when it can be used to advantage but the opportunities are far more limited than most courtroom dramas on TV and in the movies would have you believe.
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