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I am a defendant representing myself in a civil case in SDNY.

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I am a defendant representing myself in a civil case in SDNY. I am preparing for a pre-motion conference. How are these conferences conducted by the Judge? (There are two other defendants who will be appearing.) My Motion can be 25 pages. Are exhibits included in the 25 pages? Can I utilize info from prior pleadings to state by argument?

Thank you. Jim
Submitted: 2 years ago.
Category: Business Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Business litigation attorney here to assist you.

 

Pre-motion conferences are informal meetings between the judge and the parties (sometimes done by phone and sometimes done in person) where any potential motions are discussed and the judge will try to help in resolving any issues that the parties can agree to and reduce/limit the number of contested issues for the court to decide.

 

Thus, this is just another way that the court tries to narrow the issues of contention to make the case move along faster.

 

As for your motion, your exhibits are not included in your page limit. Only the written motion is included in that page count. Also, you can reference other pleadings or documents that have been filed with the court in your motion. For example, you could say that the defendant states in his answer to the complaint that "X....Y......Z" occurred. See Defendants Answer, para. 6. That is permissible.

Customer: replied 2 years ago.
Is there any sequence for the pre-motion conference? For example, there are 3 defendants all requesting motions. In what order do they speak? I wrote a letter requesting the conference. Am I limited to only those points I discussed in the letter? I'm moving to dismiss first amended complaint. Can I refer to statements make in the initial complaint even though plaintiff has changed his mind on some "Facts"? Can I utilize exhibits from initial complaint?
Expert:  Roger replied 2 years ago.
These conferences are very informal, so there's no specific procedure. Instead, the judge conducts the conference as he/she sees fit. That means the judge could start with anyone.

You can discuss anything pertaining to your motion, not just what is in the letter. Also, you can refer to the initial complaint, but if the first amended complaint has been filed, the content of the original complaint is not binding on the plaintiff and is largely irrelevant.
Customer: replied 2 years ago.
I assume Judge will ask about my "authorities"; or is the law sufficient?

Also, can I use exhibits from initial complaint and part of my argument? For example, plaintiff filed an affidavit from a witness in his initial complaint. He did not use it in the amended complaint. I filed a declaration from the same witness in my motion to dismiss the initial complaint. Can I use the declaration again in this motion? (FYI, I was previously represented by counsel in this matter. I'm now pro se.
Expert:  Roger replied 2 years ago.
The judge likely will not necessarily get into detail about the legal arguments - but you should be familiar with the authorities cited. Instead, the judge is more interested in trying to settle or resolve any issue he/she can to reduce the number of issues before the court.

Yes, you can use the document as evidence to support your motion. You just cant make accusations that the plaintiff is being untruthful or changing his story because the complaint was amended.
Roger, Attorney
Category: Business Law
Satisfied Customers: 27078
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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