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

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

Miami, FL -

Attorney Answers (2)

Barry A. Stein

Barry A. Stein

Appeals Lawyer - Miami, FL
Answered

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.

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Jeffrey B. Lampert

Jeffrey B. Lampert

Bankruptcy Attorney - West Palm Beach, FL
Answered

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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