Q: Are documents admissible if they are not provided under Rule 194.2 Disclosures if not properly identified?
Defendants served supplemental disclosures stating the type of document, (letter) and Bates-labeled number, but did not identify the date or year, to whom the letter was addressed or the sender, or carrier used for delivery, and they did not provide the document. Under Rule 194.2 would it be admissible?
A: Documents within a party's possession, custody, or control which have not been produced in discovery or timely supplemented will likely be excluded from being introduced into evidence by that party unless one of the exceptions provided by the Rules applies. The trial court also has considerable discretion to grant a continuance to allow another party adequate time to review the exhibit to cure any prejudice.
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