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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-10-2014, 09:59 PM
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Default What happens when one party doesn't agree

I am a little confused over this. If party A submit all the documents to Party B in request to admit, and Party B does not agree to some of them such as email evidence,then what can Party A do? Does Party A still get to introduce it as evidence ? I asked one lawyer and he said that even if B does not agree A could still introduce it and the other party B could complain about it at that time. Just because other party B does not agree to it doesn't mean A cannot use it as evidence. is that true?

I also have another question about medical letters/ reports as evidence in request to admit. If one party has letters/reports from the doctors for herself and the other party does not agree to admit. what happens then?

For example party A has a few medical reports as evidence for herself. Party B does not agree. Does Party A now have to summon the doctors or Party B? This can be very very expensive and costly.Who pays for them?Party B because she forced Party A to summon the drs by not agreeing to medical reports?

Similarly another scenario, If Party A has medical reports in party A's name but is not using as evidence , and Party B wants to use those reports as evidence against party A. Party B sends those reports for request to admit and and obviously Party A doesn't agree even though these are her reports and are being used against her. Does Party B now summons Party A's doctors? and is party A responsible for costs or Party B?
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Old 02-10-2014, 10:21 PM
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Anyone? Someone?
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Old 02-10-2014, 11:44 PM
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On what grounds are they asking for this evidence not to be admitted? Is it false? is it hearsay? They cannot just say - I don't like it - there has to be a reason based in law.

The person who wants the person to testify in their favour would be the one to bear the costs - unless the judge makes an order after for the other party to pay some costs.

Bottom line - I think that if they don't agree, they have to bring a motion asking a judge to exclude the evidence.

Google 'Rules of Evidence' for a start on finding general legal principls for admitting/excluding evidence.

Last edited by dinkyface; 02-10-2014 at 11:53 PM.
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Old 02-11-2014, 09:14 AM
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Ok Gotcha! Thankyou for answering my question. Party B hasn't answered to the request to admit yet but we wanted to know if Party B can just say no to the evidence and then what can we do.

So we understand that there has to be a valid reason to say no to evidence. If they do say no, even then we can do a motion to allow the evidence rather than summoning people which can be very very costly.

Thanks a lot!
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