Timeframe for Sharing Evidence
My question involves court procedures for the state of: Michigan
I'm not sure how to word this, so forgive me. When the opposing side is planning on using evidence to support their case (i.e. documents, photos, etc), they are required to provide copies to the other side, correct? Do they have to do it within a certain time frame before the hearing?
I am the plaintiff in a case and the defendant's side claims to have recorded phone conversations, emails, etc. My attorney has requested copies of all of it so that we can review it to further present our case, yet the opposing attorney has not yet sent it to us. We have requested the info twice and have still not received it. It has been 8 days since the initial request, and the hearing is in less than two weeks. How long is the opposing attorney allowed to drag his feet in getting this information to us???
Re: Time Frame for Sharing Evidence?
It has to be provided in a reasonable time such that it can be properly reviewed before trial or hearing. If it is not so provided the party not receiving the discovery has options including asking for sanctions from the court or seeking a continuance of the proceeding.
Re: Time Frame for Sharing Evidence?
What type of case is this - District Court or Circuit Court - and why wasn't discovery requested sooner?
Re: Timeframe for Sharing Evidence
What is considered 'reasonable'?
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Litigator
It has to be provided in a reasonable time such that it can be properly reviewed before trial or hearing. If it is not so provided the party not receiving the discovery has options including asking for sanctions from the court or seeking a continuance of the proceeding.
The case is through circuit court (family law division). My lawyer showed up at a hearing on 7/28 and requested an adjournment as she had JUST been retained. The opposing side brought with them a file folder full of "evidence" supporting their motion - within the folder was documents, tapes of recorded phone conversations, and I'm not sure what else. My lawyer requested copies of the discovery information that day.
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aaron
What type of case is this - District Court or Circuit Court - and why wasn't discovery requested sooner?
Re: Timeframe for Sharing Evidence
Reasonable is case by case and depends on how late and/or material the matters being provided are including whether I can adequately prepare for the hearing since I was not provided with them sooner.
For example, if counsel provides me with a copy of a check I already knew about then that's no big deal even if I receive it the day of the hearing. On the other hand, if on the eve of trial I am being provided with a stack of documents I did not know anything about or they are springing a surprise material witness on me that is a totally different story.
On matters such as these you have to trust your attorney's judgment as to how is best to proceed; presumably that is why they were hired in the first place.