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  • Is there a limit to affidavit size, pages, etc?

    Creating an affidavit in reply to ex's motion. She has 72 unsupported claims that are mostly wrong - false claims. I have evidence (mostly emails) that easily refute all of her statements. I find it takes more space to refute with evidence a bs claim than it does to make it.

    Is there a limit to the size of an affidavit? The number of pages, or the size, or the number of exhibits?

    Is it okay to have one exhibit a bunch of related emails rather than an exhibit for each email?

  • #2
    Hi there: your affidavit is comprised of numbered paragraphs. Each paragraph should be a single point that you want to make and it should refer to an exhibit supporting your point. You are not making arguments per se in an affidavit, you are more or less presenting evidence to support your position.

    So, for example, if you are refuting one of her claims, it might look like this in the affidavit:

    5. Ms. XXX claims in paragraph 56 (page 4) that my son Lucas was not taken to school by me on November 6, 2010 and that he missed school that day. Attached as Exhibit C is my email with the school on November 6, 2010 confirming Lucas was in attendance that day.

    It sounds like you don't have legal counsel right now. The best thing a lawyer can advise you on is which claims to refute and which to ignore. Judges don't read everything and most things we litigants consider important are actually petty in the bigger picture.

    What are most of her claims about? Did she provide supporting evidence for said claims?

    Comment


    • #3
      If you are responding, point form, to someone else's affidavit you don't need to paraphrase. You also do not need to respond to each and every point of the other person's affidavit.

      Short, to the point answers, is appreciated by anyone reading the document. Judges aren't idiots and you can simply refer to your attached document(s) to validate your response.

      Comment


      • #4
        Originally posted by arabian View Post
        If you are responding, point form, to someone else's affidavit you don't need to paraphrase. You also do not need to respond to each and every point of the other person's affidavit.
        ...
        I thought it reads better when you don't have to refer to the other's affidavit you are replying to such as...

        "The Applicant's statement that she did not have a lawyer during and before signing the equalization agreement is not correct. ...(followed by reference to lawyer's email exhibits)"
        Last edited by billm; 08-19-2013, 09:40 AM.

        Comment


        • #5
          Originally posted by iceberg View Post
          Is it a long motion? Sound like it by so much documents anyway. Yes you can print several emails and attach them as 1 exhibit i.e exhibit "c" if they are relevant and focus on one point. You have to write that exhibit "c" has for example 7 pages.
          It is not a long motion. But there is a lot to of misinformation to cover and they are asking for quite a bit considering it is only a motion it seems to me. They are requesting 11 orders, all about money.

          They filed a 13 page factum, 9 page affidavit (72 paragraphs) (plus A-M tabs of exhibits), 2 page affidavit (plus exhibit), large stack for book of authorities, 13.1 financial statement, and 2 page notice of motion.

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          • #6
            My lawyer sometimes puts in a long list of items in orders. I think it's silly but he is probably just trying to cover all of the angles. If you don't ask you don't get right?

            In the end size doesn't matter. Content is important. What your ex has filed sounds typical of what my ex always files. 90% useless information which was already in previous affidavits.

            If your litigation continues for years and years you might find some of the information she files today will come back and bite her in the arse in the future! Fun when that happens. This is why my lawyer insists that anything we put in court documents is, or can be, corroborated by documentation.

            Sounds like your ex is doing a "flamenco dance." They are likely anticipating you will file something similar. Short, to the point, affidavit will really, really piss them off.

            Have fun!

            Comment


            • #7
              To reduce size of paragraphs you can also simply state;
              1. This affidavit is in response to the affidavit of the Applicant, dated, tab #.
              2. Within your affidavit you could write: In response to paragraphs(s) , and then your counter argument

              Comment


              • #8
                Originally posted by billm View Post
                I thought it reads better when you don't have to refer to the other's affidavit you are replying to such as...

                "The Applicant's statement that she did not have a lawyer during and before signing the equalization agreement is not correct. ...(followed by reference to lawyer's email exhibits)"
                Like a couple of people have said, it's better to just refer to the paragraph number in your ex's application. The paragraph numbers are there for a reason, the judge's are used to this, and will have the documents side-by-side when reading. Rather this than a document that is twice as long and just repeats what is on the other page right next to it.

                Comment


                • #9
                  Originally posted by Mess View Post
                  Like a couple of people have said, it's better to just refer to the paragraph number in your ex's application. The paragraph numbers are there for a reason, the judge's are used to this, and will have the documents side-by-side when reading. Rather this than a document that is twice as long and just repeats what is on the other page right next to it.
                  Fair enough - I'll do it!

                  Comment


                  • #10
                    Originally posted by limer View Post
                    To reduce size of paragraphs you can also simply state;
                    1. This affidavit is in response to the affidavit of the Applicant, dated, tab #.
                    2. Within your affidavit you could write: In response to paragraphs(s) , and then your counter argument
                    This is what I have written:

                    RESPONSE TO APPLICANT'S AFFIDAVIT WITH TABS A TO x DATED xxxx x, xxxx
                    This is in Volume x Tab x of the Continuing Record.
                    NOTE: The numbered paragraphs below match the numbered paragraphs of the Applicant's Affidavit


                    I am replying to all statements - about 10 out of 70 I would agree with.

                    Comment


                    • #11
                      Also, if she making ridiculous arguments that really aren't relevent, you can simply "Paragraph xx.x through xx.x are not relevent to the issue," or "Paragraph xx.x refers to an incident that did not occur, and no factual support has been provided."

                      This way you can address things in a very brief manner, but they are still addressed.

                      Comment


                      • #12
                        Keep your response itself to one page, TWO at most of bullet point responses.

                        For useless "fluff" in her affidavits that you want respond to, you can group them together.

                        ie. In regards to applicant's affidavit, points 1, 4, 7, 12, 15, 21, 25, etc, etc are not relevant to the issue".

                        Basically you can go one of two ways with it:

                        1. You rebut only the "important items". Anything that she hasn't attached evidence of, you point out that fact. If SHE is requesting the change, the onus is on her to provide factual proof. This should be your default in like 99% of instances.

                        This makes is super easy on the judge. They'll like you better, and let's face it, NOT pissing the judge off is probably one of the best "little" things you can do to help your case along. Let your ex be the one to swamp the court with useless fluff.

                        2. You rebut ALL the things and address every item. You should do this in very very specific scenarios (ie. where ALL the items are so badly mangled and you almost cannot let it slide, on in a situation where losing simply isn't an option)

                        I've personally done #2 once. My responding affidavit capped out around 12 pages, and the exhibit evidence was just north of 60-70.

                        Judges HATE #2. You stand a real chance of incurring their wrath. Use it sparingly, if at all.

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                        • #13
                          Thanks every one.

                          Can I refer to exhibits in the other sides affidavit that I am replying to, or should I include it again in my attachments?

                          Comment


                          • #14
                            "As per applicant's affidavit dated DD-MM-YYYY, point ___ %insert reasons/etc"

                            Comment

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