My divorce's final trial is upcoming soon. I live in Arizona, Pima County. For the Rule 49 disclosure that I send to the other party, do I have to provide ALL evidence that I'm going to use at trial? What if I have certain documents that don't exactly fit into each exhibits "information guidelines"? I have letter's from officials that I would like to disclose, but don't know where or when to disclose them.
Also, if something is sealed, can I say on the disclosure statement that the other parties counsel can review the document at the courthouse instead of giving them a copy?
Often you will "mark the exhibits" in advance of the hearing. Make sure your evidence can be used. For example, letters from officials could be deemed to be hearsay because they are not present to testify.
Usually what is done is that each side exchanges list of the documents that will be used, any other demonstrative evidence and lists of the testimony from the depositions that will be used. If that has been discovery proceedings in the case, the other side will have copies of the documents except in those cases where he hasn't asked for them. Some courts nevertheless require you to provide copies of those other documents most do not
You must provide all exhibits you intend to use, regardless of sealed status. I'll warn you that letters from third parties may be independently inadmissible, so be prepared to lay necessary foundation for their contents.
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