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Document Brief and Prior order for disclosure

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  • Document Brief and Prior order for disclosure

    I wonder what my chances are of getting a document admitted at trial.
    On a request to Admit the other side said they would not admit that the document was genuine since it was produced after the date of disclosure in a previous order. Basically it was too late?

    I want to include it into the document brief, perhaps as a volume all by itself.

    Fieldgray mentioned in another thread to "prepare to take heat". What could I be expecting from the other side? The Judge?

  • #2
    Also, It is computer generated reports and I had no idea it was important until my Biz Evaluation asked if I could get them. That is the reason for late disclosure.

    Comment


    • #3
      Just keep it separate. Do not put it in brief with other documents what will make whole brief hard to introduce.

      Keep it separate and just explain to the judge what you just wrote in your post. Just keep in mind it up to the judge not to the other side lawyer. also do not forget that even after they send you 1000 of Nos in correspondence they may have no objections in front of judge.

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      • #4
        I also would recommend you to read Rule 19 of FLR. (unless you did not do it yet) especially 19(10)
        FAILURE TO FOLLOW RULE OR OBEY ORDER

        (10) If a party does not follow this rule or obey an order made under this rule, the court may, on motion, do one or more of the following:
        1. Order the party to give another party an affidavit, let the other party examine a document or supply the other party with a copy free of charge.
        2. Order that a document favourable to the party’s case may not be used except with the court’s permission.
        3. Order that the party is not entitled to obtain disclosure under these rules until the party follows the rule or obeys the order.
        4. Dismiss the party’s case or strike out the party’s answer.
        5. Order the party to pay the other party’s costs for the steps taken under this rule, and decide the amount of the costs.
        6. Make a contempt order against the party.
        7. Make any other order that is appropriate. O. Reg. 114/99, r. 19 (10).

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