Pensacola, FL asked in Civil Litigation for Florida

Q: How can I get evidence admitted after Discovery has ended but before summary judgement motion is filed. What motion?

I just recently filed an appearance as Pro Se after realizing that my attorney was not submitting evidence. I desperately need to get evidence as it contradicts the defense entire strategy. We have already amended the Supplemental Rule 26 once. Do I have to request another amendment in order to have evidence entered? The Defense attorney file his supplement Rule last week Monday June 4. What's the best way to try to get this evidence entered?

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2 Lawyer Answers
Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Naples, FL
  • Licensed in Florida

A: It's unclear how R.26 relates to your summary judgment, and it's important to note that the federal court system is not designed for pro se litigants. Unlike small claims state courts, the process is far more complex, and Judges are not there to guide you through it. In your summary judgment, you can include the relevant documents and support them with an affidavit. However, it's crucial to take precautions to protect any confidential information. Here's some quick and free advice, although it's difficult to determine if it would be suitable for your specific case: If you're looking to save some money, you could consider hiring a lawyer for a specific task. Best of luck to you.

Terrence H Thorgaard and Charles M. Baron agree with this answer

Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Federal Civil Procedure Rule 26 is not about the admission of evidence. It is about discovery and mandatory disclosure. If you feel that what you have disclosed is not complete, make supplemental disclosures as soon as possible. Leave of court is probably not needed. As Ms. Kim suggested, when and if a motion for summary judgment is filed, you should support your motion (or your opposition to the other party's motion) with an affidavit and pertinent evidence.

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