Short answer. Only if it was reserved at pre-trial in the exact manner the rule prescribes. Evidence not available then may be reserved by giving a particular description of it, and the rule states plainly that no reservation shall be allowed if not made in that manner.

What the law says

4. Reserve evidence not available at the pre-trial, but only in the following manner: i. For testimonial evidence, by giving the name or position and the nature of the testimony of the proposed witness; ii. For documentary evidence and other object evidence, by giving a particular description of the evidence. No reservation shall be allowed if not made in the manner described above.

Rule 18, Section 2 — Nature and [p]urpose. Read the full provision →

Reservation is contemplated, but it is formal

Pre-trial is mandatory, and among the things the court requires of the parties is that they mark their evidence and examine the other side's. The rule accepts that some evidence will not yet exist or be obtainable, and allows it to be reserved — but only in a prescribed way. The closing sentence removes any latitude: no reservation shall be allowed if not made in the manner described above.

What the prescribed manner requires

The rule separates two kinds of evidence. For testimonial evidence, the reservation is made by giving the name or position of the proposed witness and the nature of the testimony. For documentary evidence and other object evidence, it is made by giving a particular description of the evidence. A general reservation of the right to present additional documents does not meet either standard, because it identifies nothing the other side could prepare against.

Why the rule is written so strictly

The whole point of marking evidence at pre-trial is that each side knows what it will face. An open-ended reservation would restore the surprise the process is designed to remove. A particular description is the compromise: the document itself is not yet available, but its identity is fixed, so the other party can investigate it and the court can see that the reservation is genuine rather than a placeholder.

If nothing was reserved

Then the position is difficult, and it is better to face that squarely than to plan on presenting the document and hoping. The same provision attaches real consequences to pre-trial lapses: failure without just cause of a party and counsel to appear despite notice waives objections to the faithfulness of the reproductions marked and to their genuineness and due execution, and failure without just cause to bring the required evidence is deemed a waiver of its presentation.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.