Have Legal Questions? Ask a Lawyer Now.
I already amended the complaint once, and this time I just want the judge to see this new affidavit. As I mentioned, the other party has already filed 9A package on July 3d with our Opposition to their Motion to Dismiss. Can we still file this supplemental affidavit (today is July 22....) ? there is no time limit?
Also, how exactly do I do that? Do I need to ask for leave of court?
Let me see if I understood correctly: have two options:
1. Supplemental Affidavit or 2. Motion to Amend Opposition
1.How do I file Supplemental Affidavit? This is not a motion, so I am not sure what would be the procedure.
2. If I file a Motion to Amend the Opposition and if it is allowed, then I file the amended opposition. In this case, do I send it to the Defendant as usual and they have to file another 9A package?
What are the advantages/disadvantages of option 1 vs option 2?
This is what happened: I've already asked them - here is a copy of our e-mail exchange:
We are planning to introduce an affidavit of Mr. X. Please let us know if you have any opposition to the filing of this affidavit with the court’ clerk along with the 9A package that has been filed. For your information please find a copy of the said affidavit attached to this e-mail.
You may file any documents that you wish with the Clerk’s Office. I have already filed the Rule 9A package with the Court, on July 2, 2013. Regards,
I should probably ask them if they agree to file it as a Supplement to 9A packet. But now looking at their reply it looks like they're saying: we've filed everything and you can do what ever you want....
How exactly do I do that - is this the same as what you called "a Supplement to the 9A packet"?
So how exactly do I do that? Should I send it to the Defendant and ask them to file a Supplement? This is not a motion, so I am not sure about the procedure...(i.e. who does what).
I am just wondering if there is a rule as to who is supposed to file things like that. I mean, if this affidavit is intended to supplement 9A packet, is there a requirement that it has to be filed by the party that filed this 9A packet on the first place?
I see. So this is basically up to the clerk to accept it or to reject it. And if I understand everything correctly, to file a Motion to Amend would be the safe way to go.
Lucy, the clerk would not take affidavit, so I filed a motion. Now I am waiting for the defendant's opposition. I have the following question: when I file a rule 9A package, do I ask for hearing on this motion (that's what is normally done as I understand)? All I really want is the affidavit to be attached to the case. What should I ask for? I mean, how do I put it into words? I don't think I really need a hearing for this, am I wrong?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).