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Monograph Series · Third series › Part II Fact-finding and the control of the hearing › III-14 · First edition

Late Allegations and the Close of Hearings: The Price of Speed

When material that could change the outcome comes in late, when does the trial close its doors?

Part
Part II Fact-finding and the control of the hearing
Sections
6 sections
Length
about 30,100 words · 2 h 11 min
As of
2026-10-15
Volume contents
  1. Abstract
  2. Synthetic case
  3. 01The Appropriate Time for Submission
  4. 02Culpable Delay
  5. 03Preparation Periods and Guidance
  6. 04Distinguishing Unclarity from Lateness
  7. 05The Delaying Effect of Amendment
  8. 06Between Truth and Closure

Abstract

This volume asks when the trial closes its doors once material that could change the outcome is submitted late. Lateness alone cannot justify exclusion. Fault and the delaying effect must be examined concretely so as to safeguard both a prompt conclusion and a substantive hearing. The path to relief opens where, upon examination of the timing of submission and its delaying effect, the requirements for dismissal for untimeliness are not met or the means in question has been lawfully admitted, and closes where the statutory conditions under which an intentional or grossly negligent late submission delays the completion of the litigation are found and the means of attack or defense in question is dismissed. The six sections address, in turn, the appropriate time for submission, culpable delay, preparation periods and guidance, the distinction between unclarity and lateness, the delaying effect of amendment, and the space between truth and closure. The strongest counterargument is as follows. Important material must be accepted regardless of its timing in order to prevent erroneous judgments. The reconstruction of case chronologies and the management of hearing dates and schedules are not addressed in this volume.

Synthetic case

The whole volume follows this invented case. It is not a real matter, and its facts are not legal findings.

Defendant B submits new material as oral argument draws to a close, and Plaintiff A contends that the delay is intentional.

6 sections and their questions

  1. 01The Appropriate Time for Submission

    By when must an assertion be submitted?

    22 min
  2. 02Culpable Delay

    Can a submission be dismissed solely because it is late?

    21 min
  3. 03Preparation Periods and Guidance

    What do the preparatory proceedings set by the court make foreseeable?

    21 min
  4. 04Distinguishing Unclarity from Lateness

    Is a late assertion the same as an unexplained assertion?

    24 min
  5. 05The Delaying Effect of Amendment

    Is an amendment of a claim always permissible as long as it is made before the close of proceedings?

    21 min
  6. 06Between Truth and Closure

    On what grounds should the late submission of important material be decided?

    22 min
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