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Old 05-15-2014, 09:35 AM
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Default Statement of Agreed Facts? Form 22?

Hello all,

I just wanted clarification if this is the proper form to serve for a statement of agreed facts?

If so;

A) can I attach new evidence (emails and text messages) that has not been presented in my application or my motion?

B) can I attach some of the tabs from my conferences?

C) (which should have been A) what is the proper format to follow when doing this?

Thanks


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Old 05-15-2014, 03:42 PM
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OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
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Form 22 is a Request to Admit. These are facts that are not yet agreed upon, but you are requesting the other side to agree to.

If you know they will agree to them this is one way to have them admitted as facts. You can include whatever you like - if the other side does not agree, they will contest the point.

TMC brief is in the trial record, so should not be included. Settlement conference briefs are never included. Case conference briefs should only be included with an Order permitting it.

Concerning tabs attached to briefs, that depends what the material is. They should have existed before the brief - for example, as an e-mail, as a contract, as a spread sheet detailing days your ex threw eggs at your house. Having been included as a tab to a conference brief does not matter, and should not be raised. Either the material is factually relevant and should be (in your eyes) included on its own merits, or it is not.
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Old 05-15-2014, 04:20 PM
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Quote:
Originally Posted by OrleansLawyer View Post
Form 22 is a Request to Admit. These are facts that are not yet agreed upon, but you are requesting the other side to agree to.

If you know they will agree to them this is one way to have them admitted as facts. You can include whatever you like - if the other side does not agree, they will contest the point.

Quote:
The facts (emails or questions) are hopefully going to disprove the ex false status quo
TMC brief is in the trial record, so should not be included. Settlement conference briefs are never included. Case conference briefs should only be included with an Order permitting it.

Quote:
This brief is not a similar format as other conferences? No tabs or Exhibits to add?
Concerning tabs attached to briefs, that depends what the material is. They should have existed before the brief - for example, as an e-mail, as a contract, as a spread sheet detailing days your ex threw eggs at your house. Having been included as a tab to a conference brief does not matter, and should not be raised. Either the material is factually relevant and should be (in your eyes) included on its own merits, or it is not.
[QUOTE]My previous lawyer refused to add emails or anything to my Case Conference or Application. He would ask that I bring them to court with me then he would take them and never add them. This lawyer was terrible and cost me money at a motion. [/QUOTE]
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