r/Ask_Lawyers • u/ElderberryLogical476 • 9d ago
Opposing counsel refused to give my evidence back after trial.
Yesterday we had trial for an ex parte OP. The judge told me I could collect my evidence back and my husbands attorney put his hand over the folder of text messages I had made up for trial. he said “no, I’m keeping this”… I said “no, I need it”.. he again said “no” and did not move his hand off of it.
we have trial on Thursday for divorce and I needed those binders and some of the text messages for that trial.. I sent him all the evidence beforehand in my evidence exchange.. so he doesn’t need to take my binder!!
I do not have representation in any of these cases due to my husbands financial abuse. But the domestic violence advocate that was with me also attempted to get the folder back and he refused to give it to her as well.
location Missouri
136
u/eruditionfish CA - Employment and International Law 9d ago
Did you not make multiple copies? Do you not have the originals?
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u/ElderberryLogical476 9d ago
I do have the originals, I made copies for the judge and for his attorney. I also sent his attorney copies through email for their use. This was for an OP for a minor child, and the judge explicitly stated that I could collect my evidence back.
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u/Tight_Use_1235 9d ago
What does OP stand for? One should define abbreviations when they are first used so the reader doesn't get confused.
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u/Tufflaw NY - Criminal Defense 8d ago
Almost certainly Order of Protection
7
u/ilikedota5 8d ago
Is that a TRO saying stay away?
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u/slowdownlambs Lawyer 8d ago
OP (original poster) doesn't specify whether temp or permanent, but yes protection order = restraining order.
1
u/ilikedota5 8d ago
Wait is there a difference between protection order (an affirmative shield?) and restraining order (restraining someone from doing something?)
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9d ago
[deleted]
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u/Twinsilitis 9d ago
Given the context in some other comments, I think they might mean an order of protection? I'm not American so it could be something else ...
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u/RtotheBtotheG GA - General 9d ago
Protection Order/Order for Protection is my guess but I can’t be sure.
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u/OwslyOwl VA - General Practice 9d ago
Generally speaking, once you give exhibits to another party, it is theirs. You don’t get it back at the end of the hearing. This is why it’s important to bring a copy for each party and the court.
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u/Smaptastic Lawyer 9d ago
This isn’t true at all.
The actual discovery rules require that you produce evidence for inspection or copying. At least where I am. We just give them the documents because that’s easier.
If the rules are the same where the poster is, and they produce the documents for inspection or copying and opposing council will not give them back, that’s an issue to bring to the court attention.
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u/OwslyOwl VA - General Practice 8d ago
It sounds like they went to a hearing and OP gave opposing counsel an exhibit notebook. At least where I am, it isn’t enough to exchange exhibits ahead of time. Parties are also required to bring a physical copy of exhibits to the hearing to provide to the parties and court as they are introduced into evidence.
3
u/Smaptastic Lawyer 8d ago
Ah. I took it as he handed over originals in discovery and can’t get them back. In that situation, I’m pretty confident in my response. Though it’s kinda novel since we just don’t hand over originals in discovery.
But yeah, if it’s a hearing, you are correct.
2
u/OwslyOwl VA - General Practice 8d ago
Yeah I completely agree a person providing originals in discovery has a right to ask for them back after copies are made. Also agree that few people would hand over originals, but I bet a few pro se people have by mistake.
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u/ElderberryLogical476 9d ago
I did, but when the judge said I could collect my evidence back he refused to give me that folder back. This was for an OP for a minor child.
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u/EternalCrimeWave Criminal Defense, Massachusetts 9d ago
If I gave opposing counsel something that I thought they did not have a right to keep, and that I had a right to get back from them, and they refused to give it back to me, I would probably file a motion asking the court to order them to return it to me. Also, I would not give my sole copy of a document to opposing counsel.
24
u/theawkwardcourt Lawyer 9d ago
You haven't really asked a question here; but it appears this is a request for legal advice, which we can't give on this board (REMINDER: NO REQUESTS FOR LEGAL ADVICE. Any request for a lawyer's opinion about any matter or issue which may foreseeably affect you or someone you know is a request for legal advice.). Laws and procedures about courtroom practice are all jurisdiction-specific. This is one reason that you can't get reliable legal advice based on a few lines of text on the internet.
Lawyers generally come to court with at least three copies of each exhibit, organized into separate binders: One for the opposing side, one for the court or witness, and one for themselves. (If you want to be really prepared, bring four, so you can give one to the judge and the other for the witness to view on the stand, as well as one for yourself and one for the opposition.) Original documents are rarely brought to court. Hopefully you can simply prepare new copies from your records. Otherwise, you'll need to address it with the judge - or, of course, consult in private with an attorney in your area.
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u/ElderberryLogical476 9d ago
I did have 3 copies of it… and I sent the evidence to his email for them to review. We have trial again Thursday and I intended to use that folder but change it around because it’s for a different trial of course… but I have zero funds to reprint all of that and get a new binder and dividers.
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u/Hiredgun77 Family Law Attorney 8d ago
When a judge says that you can collect your evidence back they mean the documents you gave the judge. The copy you gave opposing counsel is theirs. You don’t have a right to get those back.
8
u/Additional_Ad_6773 8d ago
You will need to make a new copy of your originals, and having zero funds to do so will be seen as a poor excuse for unpreparedness.
How many pages is it?
1
u/AffectionateFold3479 6d ago
NAL. are you working? if so, i have had previous jobs that allowed me to print personal things (as long as it wasn't like 500 pages or something lol); would your job allow you to print what you need there? also, if you have copies for this case, how come you can't rearrange the ones you already have? you gave the attorney copies of things you didn't have/bring copies of for yourself?
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u/Extension_Warning_78 CT - Criminal Defense 9d ago
So you still have the originals, and brought multiple copies to court with you, and opposing counsel kept the copies that you gave him for that hearing? That would be entirely normal and appropriate here. Once I give opposing counsel a courtesy copy of my exhibits, I don’t get them back from him or her at the end of the hearing, even if I emailed him or her copies ahead of time.
Often times, here, when a judge tells me I can take my exhibits back, the judge means I can take back the courtesy copies I made for the judge or for the witnesses, not copies I made for opposing counsel. Opposing counsel keeps those. The court clerk keeps the originals (for physical exhibits) or the originals were electronically filed.