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What is the latest I can submit documents into evidence that were sent to me by the opposing counsel?

Newberg, OR |

During the discovery process I requested certain documents be provided to me and also be filed with the court. The opposing counsel sent some of the documents to me, but did not submit them to the court as evidence as I requested. What is the latest I can submit these documents as evidence against the adverse party unopposed?

And how do I prove that they really sent it to me?

Attorney Answers 1


  1. A lot of this depends on the nature of the case, what court you're in, and what type of evidence we're discussing. But in general, you do not submit documents to the court as evidence except during an actual trial or hearing. There are some exceptions - in domestic relations cases, for example, financial documentation is submitted to the court as proof of income for child support calculations; and some courts decide motions entirely by paper. But most of the time, it's prohibited to just introduce evidence at all, without giving the other side the opportunity to object to it. I can't give definitive advice on this here, though - there's no real information on what it is you're trying to do, so any advice would be speculative. (Please see this Guide: http://www.avvo.com/legal-guides/ugc/five-tips-for-how-to-ask-for-legal-advice-on-avvocom .) If you're going through litigation, you need to consult with an attorney in private.

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com