How do I file a motion to exclude evidence in a business litigation case?
In South Carolina, a motion to exclude evidence must be filed in order to keep evidence from being presented at trial. This motion is usually based on an argument that the evidence is inadmissible for some reason. To file a motion to exclude evidence in a business litigation case, the filing party would begin by completing the required forms, typically the Notice of Motion and Motion to Exclude Evidence. These documents would have to be signed by a lawyer and filed with the court of jurisdiction. The other party would then be served with a copy of the motion and paperwork. Once the motion has been filed, the court will set a hearing date and time for the other party to respond. The filing party and the other party can then argue their cases in court. The filing party should be prepared to explain why the evidence should be excluded from the case, while the other party should explain why the evidence should be admitted. The judge will make a decision based on the arguments presented in court. In the end, the judge will decide whether the evidence can be used in the case or not. If the judge rules to exclude the evidence, it will not be allowed in the trial. If the judge rules to admit the evidence, it will be allowed in the trial and will be considered when making the final verdict.
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