Wednesday, July 15, 2015

There are exhibits and exhibits

A question occurred to me - why New York State courts claim that it is somehow legitimate to give back exhibits "of a party" back to that party after trial and before the appeal of the decision that came out of that trial where exhibits from a proceeding bypassing a trial (a motion for a summary judgment) remain in the court's custody and are never returned to the party who submitted it?

What is the distinction that makes one type of exhibits - based on which the court bypasses a trial - non-returnable and exhibits used in a trial to arrive at a decision that is subject to an appeal - returnable before the appeal runs through or is even filed?

Does not seem either fair or equitable to me.

Does seem to me as a violation of equal protection of laws guaranteed by the Federal Constitution which pre-empts any inconsistent state law.

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