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What kind of motion are you responding to?
Motion for sanction.
And you have exhibits that you want to reference in your response that the opposing party either does not know about or has not made reference to yet?
You want to attach these exhibits to your motion to strengthen your argument?
We have submitted these documents to the opposing counsel in supplemental discovery. We want to make sure we are ok referencing them in our response to the motion.
Okay, I understand now, thanks. Yes, there is not problem referencing them. Everything you want admitted into evidence, even if it is not admitted yet, will be brought to the attention of the judge. As long as you are not disclosing it to the jury without the judge's authorization (which you're not) you can reference anything in your response. I would attach a list of your supplemental discovery items to the response and then when you are referencing them in the response it will be more clear.
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Did you have any more questions for me at this time?
Thank you. I do not at this time.