I would like to add more current info and exhibits to a motion I filed before the actual court date. (The repspondent has added infor that I would like to refute). Can I do that or do I have to present it the day of court?
2007-01-21 06:56:33 · 3 answers · asked by johnnybasebal 1 in Politics & Government ➔ Law Enforcement & Police
You file an "Addendum" to the motion.
2007-01-21 07:49:36 · answer #1 · answered by Jack 6 · 0⤊ 0⤋
A motion is simply a written request to the court to take some specific action, accompanied, if necessary, by an affidavit in support of the motion. So I am a little puzzled by your inclusion of "info" and "exhibits" with the motion. Information and exhibits are "evidence" of the justification of your claim, and are presented to the court during the hearing on the motion. I am wondering if you are confusing the terms "motion" and "pleading". If you mean "pleading", then yes, you should file a response to whatever the "respondent" has filed in order to close the pleadings and/or not be deemed to have admitted anything detrimental to your case. But you will still have to present your evidence (testimony and exhibits) in court to support your claim. The simplest answer to your question is that no matter what you include in your response to a motion or pleading, you will still have to present it at hearing or trial. The real question is: Do you have to submit it to the court (copy to the respondent) beforehand? This I cannot answer because I do not know the rules of evidence in your state, the nature of your case, and whether you have properly labeled your submittal. Hope this helps. Good luck!!
2007-01-21 16:31:50 · answer #2 · answered by Pete 4 · 0⤊ 0⤋
Yes. Call it a reply to the opposition.
2007-01-21 16:51:45 · answer #3 · answered by Erik B 3 · 0⤊ 0⤋