Legal Question in Civil Litigation in New York

In Civil cases in New York do the parties have to exchange their evidence prior to trial like in Criminal cases or can parties show up and present documentary evidence for the first time at Trial and take their opponent's completely by surprise?


Asked on 10/06/11, 7:18 am

1 Answer from Attorneys
Raymond David Marquez R. David Marquez, P.C.

Civil litigants must participate in pre-trial discovery. You are not permitted to sandbag your opponent. The failure to disclose evidence you intend to offer at trial may result in a preclusion order forbidding you from using such evidence if it is found that the opposing party requested its production before trial.

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Answered on 10/09/11, 12:10 pm


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