Did an attorney write her brief for her?
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.