Spring Hill, FL asked in Gov & Administrative Law, Criminal Law, Civil Rights and Constitutional Law for Florida

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

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

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.

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