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Hello, I have two questions regarding appellate procedure

Resolved Question:

Hello,

I have two questions regarding appellate procedure for the State Of Connecticut
I'm not sure if I'm still dealing with Dimitry from last night, so I'll provide the background for this case

My husband was divorced in November of 2007, custody of their special needs son is joint, legal and physical. In December of 2009 thru April of 2010 my husband and his ex went to court over visitation/ custody- he wanted expanded visitation, she wanted his visitation reduced to supervised. At the start of the proceedings the trial judge correctly ruled that nothing pre-judgment would be allowed. In the courts final ruling it granted my husband expanded visitation; the the ex has appealed. My husband is the defendant/appellee, pro se.

The ex has submitted her brief to the court and my husband is currently working on his brief/response. We have issues with the ex-wife's brief.

Issue #1: In the Argument portion of ex-wife's brief, she makes an inferences pertaining to pre-judgment negotiations.

Issue #2: In the appendix portion of her brief, she includes evidence that is (a) pre-judgment (from 2006) and (b) was not entered into evidence during the custody/visitation proceedings of 2009/2010.

Okay, now to the meat of my questions. We want to file motions to strike or exclude #1 and #2 from her brief.
1. Does Connecticut appellate law or procedures permit us to make motions regarding the contents of her brief?
2. When is it appropriate to for us to make these motions. Does Connecticut appellate law/procedure allow us to file immediately -OR- Must we wait until the case is actually being argued before the appellate panel?

Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Pro replied 3 years ago.
Did an attorney write her brief for her?

You stated:

We have issues with the ex-wife's brief.

Issue #1: In the Argument portion of ex-wife's brief, she makes an inferences pertaining to pre-judgment negotiations. Settlement negotiations are not admissible during trial nor on appeal. As a matter of general agreement, evidence of an offer-to compromise a claim is not receivable in evidence as an admission of, as the case may be, the validity or invalidity of the claim. As with evidence of subsequent remedial measures, dealt with in Rule 407, exclusion may be based on two grounds. (1) The evidence is irrelevant, since the offer may be motivated by a desire for peace rather than from any concession of weakness of position. The validity of this position will vary as the amount of the offer varies in relation to the size of the claim and may also be influenced by other circumstances. (2) a more consistently impressive ground is promotion of the public policy favoring the compromise and settlement of disputes. McCormick §§ 76, 251. While the rule is ordinarily phrased in terms of offers of compromise, it is apparent that a similar attitude must be taken with respect to completed compromises when offered against a party thereto. This latter situation will not, of course, ordinarily occur except when a party to the present litigation has compromised with a third person.


Issue #2: In the appendix portion of her brief, she includes evidence that is (a) pre-judgment (from 2006) and (b) was not entered into evidence during the custody/visitation proceedings of 2009/2010. Same answer as before.

You can object to such and actually state that she is misrepresenting the facts and settlement offers to the court on appellate review. There is nothing in the trial court record so there is no way for her to dispute such.



Okay, now to the meat of my questions. We want to file motions to strike or exclude #1 and #2 from her brief. 1. Does Connecticut appellate law or procedures permit us to make motions regarding the contents of her brief?

Just completely disagree to such. Say to the contrary, that was not offered.

2. When is it appropriate to for us to make these motions. Does Connecticut appellate law/procedure allow us to file immediately -OR- Must we wait until the case is actually being argued before the appellate panel? Thank you


No, you don't make a motion on the matter but can complete refute such in your brief and do so.

The court of appeals does not hear motions on such issues.
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Category: Family Law
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Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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Customer: replied 3 years ago.

Hi,
Thank you for your response it was very helpful.

In answer to your question, she does have an attorney and to our knowledge he wrote her brief (though it's possible she instructed him to incorporate her own arguments - she's very strong willed and opinionated - in my experience!)

Expert:  Law Pro replied 3 years ago.
I would make it a point to state they are competely misrepresenting settlement negotiations that were discussed prior to trial. That those settlement negotiations are not part of the trial transcript. That you completely refute those settlement offers alluded to in their brief. To the contrary,

Then finalize with a statement to the basics of - That considering what they specifically misrepresented to the court as to settlement negotiations that occurred prior to trial in their brief - misrepresentations continue throughout their brief.
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 23478
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
Law Pro and 3 other Family Law Specialists are ready to help you

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