Hi all.
I'm wondering if I could please get some help with this question?
It's a criminal case.
Magistrate orders the brief of evidence to be served by a certain date. It gets served by that date. The accused goes to court and replies to brief ( not guilty) and hearing date is set. A number of weeks later a late affidavit is sent by the prosecution.
Can this be tendered in court or not as it is past the due date for brief to be served and there has already been a reply?
It doesn't make sense that there would be a date for things to be due and then a reply and form to fill to cross examine if the rules can just be broken so easily.
Thanks.
I'm wondering if I could please get some help with this question?
It's a criminal case.
Magistrate orders the brief of evidence to be served by a certain date. It gets served by that date. The accused goes to court and replies to brief ( not guilty) and hearing date is set. A number of weeks later a late affidavit is sent by the prosecution.
Can this be tendered in court or not as it is past the due date for brief to be served and there has already been a reply?
It doesn't make sense that there would be a date for things to be due and then a reply and form to fill to cross examine if the rules can just be broken so easily.
Thanks.
