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Old 06-08-2011, 11:45 PM
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Default How Do I Properly Prepare an Affidavit with Exhibits?

I have to prepare an affidavit for an upcoming motion, I am currently un-represented. My understanding is that any document that is referred to in the affidavit has to be attached as an Exhibit. Do I have to include the OCL report as an Exhibit, it has been submitted to the courts by the OCL. In my ex's affidavit, in his Form 14: Notice of Motion he makes reference to the report and does mention it in his affidavit but does not include it as an Exhibit, it states that he is relying on it as a document in the Continuing Record. What exactly is the Continuing Record and if I make reference to the report will the judge automatically know that it is in the Continuing Record? I obviously am not going to be doing a Notice of Motion so how do I rely on this document?

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Old 06-09-2011, 01:13 AM
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All exhibits are information to the Judge that are not in the continuing record.

If you have exhibits that are in the continuing record do make note to those in the confirmation and as to their tab number in the continuing record. e.g. An Application, an answer, motions.....

Hope that helps.
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Old 06-09-2011, 01:25 PM
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Quote:
Originally Posted by Looking4Answers View Post
All exhibits are information to the Judge that are not in the continuing record.

If you have exhibits that are in the continuing record do make note to those in the confirmation and as to their tab number in the continuing record. e.g. An Application, an answer, motions.....

Hope that helps.
I am not sure that I would agree with it. All exhibits are part of affidavit what is part of continuing record. If you want to refer to something what is already in continuing record you can if memory serve me correctly have to.

Saying that thou I prefer to include some exhibits like letter of etc in my affidavit and not make judge to jump all over the continue record. for looking one page letter...
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Old 06-09-2011, 05:37 PM
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This is the run down as I remember.

Someone files and serves a motion. The motion most likely has an affadavit attached to it.

In response, the party having been served a motion, may reply. With your reply, you may attach an affadavit countering/making your arguements.

The Motion and Reply would go into the continuing record, as well. But that's not really a consideration for the motion at hand.

When swearing an affadavit, you may attach "exhibits" to prove your arguements. Each "exhibit" must be clearly marked and sworn as well. The Clerk will do this for you when you have your affadavit sworn.

An OCL report, if it has been served to you and the other party will be found in the continuing record. I believe it is acceptable to refer to that document as being in the continuing record for reference. However, it is better to attach it as well - make it right there for the judge to read vs. him/her searching through the continuing record.

The Continuing Record is just that. A record at the courthouse of the course of the litigation proceeding. I think the important distinction is that being in the continuing record makes something 'evidence', as it were. So it appears the OCL report is already in there and may be used at evidence during trial regardless of whether or not you attach it as an 'exhibit' to your affadavit. Additionally - it is probably a long document and un-practical to reproduce so many copies when its already in the continuiung record.

Last edited by wretchedotis; 06-09-2011 at 05:44 PM. Reason: addendum
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Old 06-09-2011, 08:07 PM
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Thank you for the information. Going further then, how do I make reference to the OCL report being in the Continuing Record if I want to pull references out of it to put in my affidavit? I know how to reference any other documents that I am including as Exhibits for example "attached hereto as Exhibit "A", but if I have a statement of fact in my affidavit that I need to reference to the report what is the wording?

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Old 06-10-2011, 10:59 PM
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You say your ex referred to it. How did he do it?
"See page 5 paragraph 4 of Mr. BLAH's OCL report, found in tab 7 of the continuiung record"

Something like that I imagine.
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