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Refuse to accept service of late evidence

(11 Posts)
samanthamplified Tue 31-Jan-17 10:06:39

Hello,

Any help would be appreciated!

I have been served evidence:
Less than a week before trial
Straight after I submitted mine
7 weeks after he submitted the bulk of his evidence - this was late anyway
More than 2 months after the original court order deadline

Can I refuse to accept this?
What do I need to do?

I'm panicking.

Thanks!

samanthamplified Tue 31-Jan-17 13:25:38

Anybody? (Please)

Collaborate Tue 31-Jan-17 22:29:49

It all depends. We'd need to know all about the case. Is it in response to your evidence?

samanthamplified Tue 31-Jan-17 22:48:11

My evidence was in response to his

This new evidence is in response to mine but court order does not make provision for a response to my evidence

Sorry I'm cautious of mentioning too much about the case, hope you can understand

Thanks

Collaborate Wed 01-Feb-17 07:15:20

Doesn't sound to me as if you've been prevented from adequately dealing with your case at a hearing. I'm assuming here that he's responding to new things you refer to in your statement that he didn't refer to in his.

Not a biggie normally. If it were 5 mins before you enter court that would be different.

samanthamplified Wed 01-Feb-17 11:45:03

Thanks.

But, isn't this grossly unfair?

Will the judge really accept this?

Had I known I could disregard the court order without reproach, I would have done so...

PigletWasPoohsFriend Wed 01-Feb-17 11:47:43

Will the judge really accept this?

IME yes they will.

babybarrister Fri 24-Feb-17 11:14:21

I would very much advise you to take some legal advice as it appears that things are not going well in your litigation with a costs order - feel free to PM me if you need a recommendation

orangeterry Sat 25-Feb-17 16:28:08

The judge will probably accept it, yes.

My partner has served evidence up to a day before the hearing and the judge has always accepted it .
Although I suppose it depends on what's in the statements/evidence etc

TheWeeBabySeamus1 Sat 25-Feb-17 16:31:38

My ex handed over evidence directly to the judge on the day we were in court - he was supposed to have filed it a month earlier. It was permitted and we were given a 10 minute recess to read through it. Completely unfair, but if the judge allows it there's not much you can do.

CaroleService Sun 26-Feb-17 19:20:15

More to the point, is there anything in it you need to refute?

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