• Evidence Filing

Our trial starts soon and the Judge has directed parties to file their evidence and witness list. We r suppressing a document, to use later if needed. Will the court accept it later, once trial begins, or is this our final chance to disclose? Thanks.
Asked 4 years ago in Civil Law

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9 Answers

Any evidence in possession and power of party has to produced at the first opportunity, it can be held back to be used at the convenience of party. But an evidence with is not in possession and power of party which  comes to in his possession at later, it can be produced subsequently as and when it comes in to possession. If you can prove it was no in you possession at the first instance you can produce it later. Even if you can prove though it was in your possession but you did not consider it expedient to produce, you can produce at later stage.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

You should in your compilation of documents disclose all documents relied upon you 

 

2) in your affidavit of evidence you should seek to prove documents relayed upon by you 

 

3) court will not accept the documents later 

Ajay Sethi
Advocate, Mumbai
99788 Answers
8147 Consultations

All the evidence has to be filed at th3 appropriate time. If you file it later the court may reject it unless you show that it wasn't in your possession.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If it's a civil trail and you had knowledge of that document then it will not be accepted

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

If it is a vital piece of evidence, it may very well be introduced at the appropriate stage of the trial. It does not amount to suppression. Please be guided by your counsel's  advice, as he would be fully aware of the facts and circumstances of your case.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

- Yes, you can file that document at the time cross examination or even after closing the evidence of the case in case of need for the same.

- However, for submitting that document you will have to move an application for additional evidence with the reason that why that document is important for the case and why not filed prior at the time of evidence .

- Generally , such application allowed by the court if that document is necessary for the proper adjudication of the case. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You are suppose to file all the documents in your possession and produce the list of documents that you would like to file before the court along with your side evidence.

You would be permitted to file additional documents at a later stage before closure of your side evidence provided you should provide substantial and sufficient cause to inform court that why you did not file the document at the beginning  of trial and if the opposite party is objecting and establish merits in their side to object the production of this document at that stage, then the court may even refuse to accept the vital document to permitted to be marked as your side evidence. 

Do not take a risk of losing vital evidence due to your misinterpretation of law.

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2495 Consultations

1. The Court may not accept the evidence after the case proceeds on receipt of your evidence.

 

2. Law does not permit any party to suppress the evidence first and thereafter produce it to take the other party by surprise after he has submitted based on the evidence already filed by one party.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Client, 

You will have to file for evidence at this stage or else later it will be very difficult for you to get the evidence accepted. 

Thank you. 

Anik Miu
Advocate, Bangalore
11015 Answers
125 Consultations

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