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Old 02-15-2009, 06:10 PM
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Default Are "Exhibits" Really Needed in a CC Brief?

I'm in the process of writing our Case Conference Brief - to be served and filed in a couple of days. We have already received the opposing lawyer's brief, which is fairly short and says throughout that no reduction in CS is necessary, and that instead in should be increased. (Yes, because that makes perfect sense when the payor lost his job.)

Anyhow, as we are the moving party in this case, we are including many reasons in our Brief, all of which are true.

I'm just wondering if it's worth our time and trouble to attach exhibits (proof) to support our reasoning. I don't want the Brief to be overwhelming - it is already quite lengthy. Plus, we are going to have all supporting documentation with us in court in case the judge questions something.

We are leaning towards the latter... as many of our reasons are simply common sense, or we do not have adequate documentation to attach as proof. Plus, I'm following the same format that our lawyer used when he made wrote and filed our Brief in a previous court case.

But I'm just wondering what you'd suggest?
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Old 02-15-2009, 07:38 PM
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Try to edit it down in length. Fair or not, a Judges don't have time to read a lengthy brief. Try as hard as you can to stick to the most important facts and avoid responding to the lies in their brief, except in a one or two line statement if possible.
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Old 02-15-2009, 09:40 PM
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Originally Posted by dadtotheend View Post
Try to edit it down in length. Fair or not, a Judges don't have time to read a lengthy brief. Try as hard as you can to stick to the most important facts and avoid responding to the lies in their brief, except in a one or two line statement if possible.
Currently, I have 4-10 points (i.e. sentences) per issue that is being addressed. There are six issues. They are all very valid and straight-forward points (that is why I chose to write it in point form, instead of overwhelming paragraphs). Each point = one sentence of reasonable length.

I think, based on why you wrote, Dadtotheend, it's best to keep the emails and other documentation aside, and only take it out if it is needed. Otherwise, having to refer to exhibits attached to the back of the Brief may become too burdensome for the judge.
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Old 02-17-2009, 12:49 PM
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Hi #1Stepmom.

We were in a similar situation in which the ex's documentation was very brief and did not go into detail.

We were vey thorough, kept all of the factual information in point form and attached all supporting evidence.

We created a 'Summary of Documents' page (like a table of contents) which listed the name of the exhibit, how many pages it is in length, and a brief description. (for emails we also listed to and from). We highlighted all info that we wanted the judge to look at.

As you know, you and I are in the same court system.

The judge asked the ex if she disagreed with any of the factual information in our cc brief. She said no. The judge said, "Good, I'll use it to form my opinions" and away she went. It was pretty awesome!

Anyway, I don't think that you can bring evidence and have the judge look at it, as it doesn't give the other paarty a chance to look it over or form an argument against it.

If you want some examples of what we did, let me know.
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Old 02-17-2009, 01:00 PM
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Originally Posted by ikikass70 View Post
Anyway, I don't think that you can bring evidence and have the judge look at it, as it doesn't give the other paarty a chance to look it over or form an argument against it.
This is correct, if you do not include it with the summary, you cannot add it later.
I would follow "ikikass70"'s lead, and keep it brief, do an outline and highlight what you think the judge should review.
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Old 02-17-2009, 04:08 PM
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Well, we did not attach any exhibits to the Brief we filed. However, we made reference to exhibits that were previously filed. So hopefully that will work. Plus, we were very honest in our Brief, and there is nothing written in there that the other party would disagree with. Heck, I'd love to be a fly on the wall when her lawyer reads it and asks her if all that we wrote is true! But thanks for the advice. I may use it in the future! Though hopefully I won't need to!
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