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Old 06-09-2011, 04:37 PM
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wretchedotis wretchedotis is offline
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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 04:44 PM. Reason: addendum