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

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.