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Is a documentary evidence admitted during a pre-trial evidentiary hearing automatically admitted at trial?

Miami, FL |

Or do I need to offer it again into evidence during trial or summary judgement?

Attorney Answers 2

Posted

Typically documentary evidence is admitted at trial. The Judge can accept into evidence agreed upon documents, but the pretrial order should state this. Documents which are challenged, you should be prepared to support and admit at trial. At summary judgment documents are not admitted into evidence, they are presented as exhibits. No evidence is presented at a summary judgment hearing, all information is filed in advance by affidavit and motion.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505

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Posted

A summary judgment motion is determined by affidavits and the responses to discovery and the pleadings. No evidence is admitted at the time of hearing. But to answer the question, if an item was reviewed by the Court at a preliminary hearing it should still be admitted at trial, since it is the evidence taken at trial that is used to form the basis of the Court's decision.

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