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-   -   Affidavit as Exhibit (http://www.ottawadivorce.com/forum/f3/affidavit-exhibit-10457/)

smart_dummy 10-19-2011 12:29 PM

Affidavit as Exhibit
 
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.

Cobourg 10-19-2011 12:33 PM

Short answer is yes you can.
Or in some cases, depending on the size of the Continueing Record and the size of the Affidavits in question, you can just as easily refer to the Affidavit if it is already part of the Continueing Record.
So you can state your point, and then say something like ....as can be seen in the Affidavit at Vol 1, Sec 2 of the Continueing Record.....

Then the judge and / or anyone else can refer to the CR (Continuein Record) and find the info.

Tayken 10-19-2011 12:54 PM

Quote:

Originally Posted by smart_dummy (Post 77654)
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 <party X> sworn on <date> for the purposes of this motion this has already been addressed in my sworn statement <date> 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

smart_dummy 10-19-2011 01:18 PM

Thanks guys!

One clarification though, this affidavit is from a separate file and I was told by the staff at the court that I can't refer to an affidavit in another file. I guess they don't having to bring up another file.

Because they told me this I figured that I could add it as an exhibit and then it will be in this file. Sort of the same thing I guess.

So I should not directly quote the affidavit and refer to specific paragraphs? Just refer to it in a global manner?

WorkingDAD 10-19-2011 02:19 PM

when I have to deal with same stuff here is what was my thoughts.

My approach was always "Make judge work as simple and convenient as possible". So if I want him to read something I do all in my power to make it as convenient as possible. So I add all what is reasonable to my current material so he/she will not have to shuffle through volumes of continuing record...

Of course you have to be reasonable ant take into account how big material is and what it's importance.

with your situation you definitively have to add it as exhibit. Just make sure it sworn affidavit :)

smart_dummy 10-19-2011 08:57 PM

Thanks guys. I was thinking of convenience as a main factor as well.

This forum rules!


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