Q: In Oregon small claims trial, phone/ video trial, what if Plaintiff misses a deadline for sending evidence to the court?
If the Plaintiff did not send documents, exhibits to the Defendant 7 days before the video/phone trial, can the Plaintiff enter any evidence on the day of the trial? Should the Defendant object to any evidence presented?
A: Yes the defendant should (and likely will) object. The penalty, if any, is up to the Judge. They could go forward anyway; they could dismiss the plaintiff's case for failure to comply with the rules; the judge issue a continuance with instructions to finish the production and come back to court another day after that. Or something else that the Judge comes up with. All told though, the plaintiff may (or may not) have seriously harmed its case unless they have a very good story to the Judge as to why they failed to timely comply. If the plaintiff wants to avail themselves of the court and its powers, then they also have to comply and respect those powers as well. Some Judges may view not timely complying with the rules as a slap in their face - and that would never be good.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
