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  • Notice of Motion - Exhibits

    I'm curious as to any recommendations regarding adding exhibits to a motion. We're filing a Notice of Motion here in NB, and part of our case is in reference to the fact that the respondent did not provide full disclosure for nearly eight months. It took five or six letters from our attorney to the respondent's attorney. In our affidavit we describe the number of correspondences between the attorney's it took to financial obtain full disclosure, so we're wondering if we should include these as exhibits (A, B, C ... etc) in our motion or simply bring them along to the hearing. We just don't want to push too many documents onto the judge - less clutter = happier judge?

    Thanks,
    Linear

  • #2
    If they are relevant towards your case, then include them as an exhibit. The judge may or may not read them. If you don't include them, expect the other side to question the validity of the information. (Hell I did THAT to my ex a LOT, she kept making claims that she couldn't back up...so I rebutted her points WITH my exhibit evidence to support my side)

    Keep the actual motion short and to the point and to one page if possible. Include the exhibit evidence to back up each point, but try to keep it relevant.

    The largest motion I filed was over 60 pages when the exhibit evidence was included...which is freaking huge and definitely NOT recommended. (But it was a responding document to her filing, which had like 20-odd separate points or something stupid)

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    • #3
      Excellent point NBDad, thank you.

      Sounds like we could 'bundle' these together as a single exhibit?

      Linear

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      • #4
        You can bundle them into one exhibit. Within your affidavit you'll state some like "I am submitting several requests for information between (date) and (date)" as Exhibit "A". None of these requests for information was responded to nor supplied.

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        • #5
          Limer got it dead on. Something where it's all related to a single point and contains multiple/similar items can be condensed into one exhibit section.

          Where it's separate or dissimilar. (Say you had a registered letter that was sent on the issue as well - the letter and the documentation regarding service would be a separate exhibit from the emails)

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