Can a lawyer submit new evidence during closing that was not submitted during the trial

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Can a lawyer submit new evidence during closing that was not submitted during the trial

A lawyer stated something during closing
that was not submitted into evidence
during the trial. Is that legal?

Asked on May 14, 2018 under Criminal Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, it is not for two reasons:
1) Once a party closes or "rests," it's case, it cannot introduce new evidence; 
2) Unless it was something the lawyer personally witnesses, he or she would have no personal knowledge and so mentioning it would be hearsay.
This is likely grounds for appeal by the party not introducing the evidence, if they lose and that loss may reasonably be due to this.


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