Applicant lying in case conference brief

[digitalkreation]

Hi all,

So I've been working on my early case conference brief and was recently sent a copy of the applicant's brief. In it, there are many errors, which I doubt are accidental.

Do I raise these falsehoods (I want to slam dunk the guy) in the brief, by stating that he's incorrect, before pointing out the real info, or do I gloss over this and then raise it later at another proceeding?

I mean, if I raise it now in my brief, can he change it later and sweep it under the rug, or is it that it's all a matter of record, now that he's filed his brief?

Thanks,
Shea

[standing on the sidelines]

to me any misinformation should be corrected as soon as it is seen. That way no one can say later that they thought you did not have a problem with it as you did not mention it

[logicalvelocity]

The CC brief doesn't form part of the record. However, you could always expose them after the fact if their lie had significance towards interlocutory order.

The CC brief could be attached as an Exhibit and or if verbal during the CC, get yourself a copy of the transcript. Sometimes untruthfulness comes back to haunt.


lv