In Civil cases in New York do the parties have to exchange their evidence prior to trial like in Criminal cases or can parties show up and present documentary evidence for the first time at Trial and take their opponent's completely by surprise?
Answer
Civil litigants must participate in pre-trial discovery. You are not permitted to sandbag your opponent. The failure to disclose evidence you intend to offer at trial may result in a preclusion order forbidding you from using such evidence if it is found that the opposing party requested its production before trial.
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