alias92 Posted November 21, 2018 Report Share Posted November 21, 2018 This case is in Virginia. As pursuant to Supreme Court Rule 7B:2 a Bill of Particulars has been filed but the defense has failed to file their Grounds for Defense. I know that a Motion for Summary Judgment can be filed but I am more interested in the exclusion of evidence at trial. What is the procedure for getting evidence excluded pursuant to rule 7B:2? Also, if I file a Motion for Summary Judgement cant the judge simply allow the defense more time to file their Grounds for Defense? If so, wouldn't it be in my best interest to wait until trial and have the evidence excluded? Quote Link to comment Share on other sites More sharing options...
BV80 Posted November 21, 2018 Report Share Posted November 21, 2018 8 minutes ago, alias92 said: This case is in Virginia. As pursuant to Supreme Court Rule 7B:2 a Bill of Particulars has been filed but the defense has failed to file their Grounds for Defense. I know that a Motion for Summary Judgment can be filed but I am more interested in the exclusion of evidence at trial. What is the procedure for getting evidence excluded pursuant to rule 7B:2? Also, if I file a Motion for Summary Judgement cant the judge simply allow the defense more time to file their Grounds for Defense? If so, wouldn't it be in my best interest to wait until trial and have the evidence excluded? We need more information. You sued someone? Quote Link to comment Share on other sites More sharing options...
alias92 Posted November 21, 2018 Author Report Share Posted November 21, 2018 A suit has been filed. If you need any more information please let me know. Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted November 21, 2018 Report Share Posted November 21, 2018 14 hours ago, alias92 said: If so, wouldn't it be in my best interest to wait until trial and have the evidence excluded? You can file a Motion in Limine. It's rarely used and even more rarely granted. Plus (in the likely event the court denies it) it tips your hand pre-trial and gives the other side time to cure whatever defects you intend to exploit at trial. Your best bet is to wait until trial and attack the evidence there. Quote Link to comment Share on other sites More sharing options...
alias92 Posted November 21, 2018 Author Report Share Posted November 21, 2018 Harry, Thank you for your response. Would it be a good tactic to wait until trial has commenced and then file a motion for summary judgment? Wouldn't it make it less likely that the judge would allow them to cure the defect of not filing a Ground of Defense? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted November 21, 2018 Report Share Posted November 21, 2018 The entire point of summary judgment is to curtail the expense of a trial. If I was your opponent I would make the argument that we're all here for the trial, let's go ahead and have a trial. Quote Link to comment Share on other sites More sharing options...
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