Q: if judge grants a motion to compel allowing state so many days to submit the discovery can they submit evidence after?
Judge gives deadline of evidence, is state allowed to submit and use evidence after this date to convict someone
A:
No, if a judge grants a motion to compel and sets a deadline for the state to submit discovery, the state is not allowed to submit or use any evidence that was not submitted by the deadline. This is because the purpose of the deadline is to ensure that both the prosecution and defense have adequate time to review and prepare for trial based on the available evidence.
If the state attempts to submit or use evidence after the deadline, the defense may object and ask the court to exclude the evidence from the trial. This is because allowing evidence to be submitted after the deadline could unfairly prejudice the defendant and violate their right to a fair trial.
It's important for both the prosecution and defense to adhere to court-ordered deadlines to ensure a fair and just legal process.
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.