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Exhibit

A paper, document, chart, map, or the like used to help prove a case. Sometimes these are attached to and referred in an affidavit, pleading, or brief, but more often these are brought to the hearing or trial.

Question: How do I add an exhibit in a trial after deadline for exhibit lists are turned in Michigan? I have a trial coming up in 2 weeks. I need to get this last exhibit in before trial starts. We had to turn in the exhibit lists about 3 weeks ago. How do I get this information to the court and do I file for something? Please someone reply. This might be a key evidence to my trial.

Answer: I do not know Michigan Court rules, but generally, you will have motion it in as an exception, to the court. The opposing party can object. You must offer a reason that it was not included: i.e. that you did not know of it's existence, or the party providing the evidence was uncooperative, etc. You should also argue, in your motion, that is it exculpatory (if it is). Chances are, it will be allowed, because if it isn't and it is material to you case, it might be grounds for an appeal, and judges hate their cases to be appealed based on procedural grounds. Out of courtesy, you should file your motion to admit this evidence, and immediately contact the opposing parties attorney and inform them of the evidence, and ask them if they plan to object. The reason for the objection by the opposing party is because it does not allow them time to investigate or impeach this evidence, "surprise" in courtroom is frowned on today, in spite of what is on TV.

 


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