referencing evidence already in file

P

pinkHouses

Banned
Hi All,

I am filing an affidavit and want to references the Respondents affidavit from their motion being heard on the same date.

My options:
#1 provide the date and paragraph reference to their affidavit.
#2 same as #1 plus the single page of their affidavit.
#3 same as #1 but provide their whole affidavit.

The rules for affidavit lengths of being 10 pages affidavit and 10 pages evidence make page counts valuable.

thank you
 
pinkHouses said:
Hi All,

I am filing an affidavit and want to references the Respondents affidavit from their motion being heard on the same date.

My options:
#1 provide the date and paragraph reference to their affidavit.
#2 same as #1 plus the single page of their affidavit.
#3 same as #1 but provide their whole affidavit.

The rules for affidavit lengths of being 10 pages affidavit and 10 pages evidence make page counts valuable.

thank you
Click to expand...

You will need to reference it directly as it lays in the continuing record. If you have page limits enforced on your file it sounds like one (or both) parties in this matter are writing novels that are not cogent nor relevant. Judges impose limits like this to make people think about what they are writing.

Example: Continuing record tab, sub-tab, sub-sub-tab...

It all depends on how your continuing record is laid out.
 
The way I have referenced existing evidence is as followed:

As per para xx of the Respondent's Affidavit, sworn on [date], which is filed at Vol x, Tab x of the Continuing Record, the Respondent stated that ....

Sent from my ONEPLUS A5010 using Tapatalk
 
Thank you.
The page counts are for everyone due to COVID.

My problem is the other side lies so much that when I respond to their motion I have no idea what they will say so I have to cover a few more bases with my response.

I think that brings me to another point.
If a motion is filed and then the response is filed.
The last response, can it bring brand new items up or can it only address what was in the response?
 
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