Wells, ME asked in Contracts and Collections for Massachusetts

Q: If a document has been misrepresented by a plaintiff, can the defendant convince the court to rule it inadmissible?

In summons for breach of contract, Plaintiff included a 95% illegible copy of the original agreement. Over 10 months I requested a better copy or to see the original. 3 times Plaintiff sent new reproduction but still illegible & said they were unsure if the original exists. I have 2 contracts from 15 yrs ago with Plaintiff & 1 began with an illegible document so the illegible copy made sense.

I answered Plaintiff's interrogatories & constructed my interrogatories based on the illegible documents they presented. Plaintiff failed to respond to discovery request within 30 days but eventually responded. Low & behold, they miraculously found the original contract & it is 100% legible... not the contract that had original begun with an illegible document.

Plaintiff's failure to provide a suitable document in court filings caused havoc with my case. Can I argue the document shouldn't be allowed because it was misrepresented multiple times & eventually sent past the discovery deadline?

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1 Lawyer Answer
Jonathan R. Roth
Jonathan R. Roth
  • Salem, MA
  • Licensed in Massachusetts

A: You can argue that they failed to provide information requested in a timely manner and ask for its exclusion. There is no guarantee you will succeed. Likewise, seek permission to revise your answers to the Interrogatories based on the new legible copy. I believe you need to get assistance from an attorney.

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