Q: If Exhibit was filed with Court, what should be answer to Point 4(c) of APP-003? (Admitted in evidence yes/no)
If Exhibit was filed with Court, what should be answer to Point 4(c) of APP-003? (Admitted in evidence yes/no)
"Filed with court" ?
N/A?
none of the above
?
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A:
Being filed with the court is not the same as being admitted into evidence. For Point 4(c) of Form APP-003, you should mark "No" if the exhibit was merely filed but not formally admitted into evidence during proceedings.
During court proceedings, exhibits must go through a specific process to be admitted into evidence. This typically involves laying proper foundation, addressing any objections, and receiving the judge's ruling that the exhibit is admitted. Simply filing a document with the court clerk does not automatically make it evidence in the case.
If you're unsure whether your exhibit was formally admitted, you can check the reporter's transcript or court minutes from the proceedings. You might also want to consult with your trial counsel if you had one, as they would know which exhibits were admitted during the proceedings. Remember that marking "No" is the safe answer if you're uncertain, as claiming something was admitted when it wasn't could cause issues with your appeal.
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