Re: Discoverey
Yes. Tell him/her you are supplementing your discovery with additional information. You have an obligation to continuously supplement with anything new, or newly-discovered called for by the discovery requests (rule 26). And the attorney has the same obligations to supplement. these obligations continue up to and even during trial, until resolution.
The longer you wait to disclose, however, the less likely the chances will be that you will be permitted to use the late-disclosed evidence at trial. (Similarly, you can't hold stuff now, and supplement with it at the last minute, because that defeats the purpose of discovery -- identify everything and permit the opposition to take discovery about it.) If you deny them a meaningful opportunity to take discovery of otherwise relevant evidence that helps your case, the court can (and will) exclude it from trial as a sanction for your withholding it.
Said differently, you can only use at trial what you produced to the other side as soon as you knew it was responsive to a request, or as quickly thereafter as you realize its responsiveness and supplement by disclosing then.
Good faith supplementations are not only required, it looks good when you do it -- "here's some more stuff that might help you -- or me..." -- and buys you credibility.
