Legal Question in Business Law in Virginia

Exhibits/documents for trial

is it advisable to let the other side see my exhibits in order ''to let me know which exhibits he will agree or object to?'' in order to save time? my view is , he can subpoena such and i will give him all my documents. thanks


Asked on 5/16/09, 11:11 pm

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

Re: Exhibits/documents for trial

I would not do that unless you have been ordered by the court to share exhibits before trial, or you fully trust the other side to play fair.

The "discovery" rules (permitting each side to subpoena documents, as questions of the other side, etc.) are designed to minimize the possibility of surprise, and there are times I wish they didn't exist. Surprise can be good.

However, many courts require the parties to exchange exhibits and witness lists before trial, and you don't want to be found not to have followed a court order to do so, since the penalty could be not being permitted to use the undisclosed documents or call your undisclosed witnesses.

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Answered on 5/17/09, 8:10 am


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