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Rules regarding case conference references

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  • Rules regarding case conference references

    I am preparing an affidavit for a motion.

    Can I include an email to my ex's lawyer that happens to contain my opinion as to what happened and what the judge said at a CC?

    I want to include the email for other purposes, but it contains this as well and I thought that case conferences and what happened there is not to be mentioned.

    Secondly, if this is so, do I strike out that part so I can include the rest of the email?

  • #2
    A case conference can have both settlement discussion and discussion about substantive issues that result in an order.

    Settlement discussion is "Without Prejudice". It should not be presented as evidence. Comments by the judge should not be regarded as evidence.

    The thing about your email is that it is just a record of what you wrote at the time. It is only relevent if:
    1. The other side is denying that you wrote them this;
    2. What you wrote was NOT concerning a settlement;
    3. What you wrote is somehow relevent to your argument.
    So, if the email is proof of what you informed them of, and there is a conflict over whether you informed them of something important on a certain date, and you need to prove that you informed them, then it is relevent.

    As to blacking out sections that were without prejudice, I am not sure. I would check with the court clerk, duty counsel, or FLIC. Or perhaps Orleanslawyer will have a comment.

    Comment


    • #3
      If you include it, and the other side doesn't like it, they can always seek to have the exhibit struck. However if you don't include it, it won't be included.

      Comment

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