We have a court date coming up on 13th and got notice in the mail showing that any documents we have needed to be registed with the court and all witness have to be listed w/i 10 days prior to the court date. We have registed all of our records/evidance and have not witness. The other party stated that they have witness but we have has no record of them being registered. The letter also stated that we will be notified of all witness 10 days prior to the court date. We have not been notified. Can the other party still use them in court? We have not time to prepair for possible question for them.
Answer
If the court is going to enforce the rules they will have to either exclude the witnesses or postpone the case to give you time to prepare for them. Normally one party discovers what evidence and witnesses the other party plans to present in court by taking pretrial discovery, such as interrogatories, a document request, or a deposition.
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