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Refuse to accept service of late evidence

10 replies

samanthamplified · 31/01/2017 10:06

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!

OP posts:
samanthamplified · 31/01/2017 13:25

Anybody? (Please)

OP posts:
Collaborate · 31/01/2017 22:29

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

samanthamplified · 31/01/2017 22:48

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

OP posts:
Collaborate · 01/02/2017 07:15

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 · 01/02/2017 11:45

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...

OP posts:
PigletWasPoohsFriend · 01/02/2017 11:47

Will the judge really accept this?

IME yes they will.

babybarrister · 24/02/2017 11:14

This reply has been deleted

Message withdrawn at poster's request.

orangeterry · 25/02/2017 16:28

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 · 25/02/2017 16:31

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 · 26/02/2017 19:20

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

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