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Old 10-19-2011, 01:54 PM
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Originally Posted by smart_dummy View Post
I was wondering if it is OK to add an affidavit as an exhibit in another affidavit.

I want to include an affidavit from the previous CAS matter, as my ex is saying things that are directly contradicted by this affidavit.

I didn't want to have to do this but I feel it is the only way to set the record straight. Is this allowed? If it isn't then how would I include the information included in the affidavit from another matter?

Thanks.
On a motion yes it is common. Especially if you are dealing in a response situation where the applicant constantly circles back to materials already addressed in previous materials. If there is an established continuing record and the materials are filed in it... You can reference back the materials already addressed rather than attach it.

For example:

1. With regards to statements sworn to the truth in paragraphs x, y, and z of sworn on for the purposes of this motion this has already been addressed in my sworn statement found in Tab "X" of the continuing record. Paragraphs a, b and c have already been provided as cogent evidence in response to these matters.

*IF* the accusations or evidence has already been addressed. Don't restate it. Redirect it back to previous materials. Now if the restatement by the party you are in dispute with is slightly different or has "added value" like blaming words, and drums up the argument. Note this and keep to your original sworn statements. Don't get caught in a he-said-she-said debate.

Facts drive affidavits. Not emotions.

Good Luck!
Tayken

Good Luck!
Tayken