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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88399
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am filing a response to my ex-husbands motion. The judge

Customer Question

I am filing a response to my ex-husband's motion. The judge gave me an extension to file my response by tomorrow Aug 2nd, they can file a rebuttal by the 8th, and the hearing is on the 9th. I have the response paper ready and the service process all set. In addition to asking the judge to deny the motion by my ex-husband, I would like the judge to order a different outcome. Is this considered cross-motion and a separate filing? Can I use one supporting affidavit for both? I read a 7-day notice period for cross motions, so is Aug 2nd ok for the hearing on the 9th? Do i need to have "Order to show cause"? And pay a separate filing fee?
Kristin
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

In your response, you can ask not only to deny the motion, but to also grant you the outcome you are seeking as long as your response explains and justifies why the outcome you are seeking is the more reasonable or proper outcome. It would be your objection, where you can ask for a different or more appropriate outcome that does not make it a counterclaim. You can do all of this in one motion and attorneys do it that way all of the time as you are not making a different claim than he is, you are asking for a different outcome in your demand for relief.



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Customer: replied 11 months ago.

Would you give me a little more specific information?


Can I file my opposition affidavit and call it so? No need to label it as a cross-motion?


I have the response paper where I explain why the motion should be denied and the judge should order a different outcome.


 

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

Correct, since you are just objecting to his motion and asking for a different outcome, your pleading is "Opposition (or objection) to Motion for X" it is not a "cross" anything, if anything it would be a "counter" because you and your ex are on the opposite side in the case (a "cross" is when you are filing against someone on your same side).

Your affidavit is titled Affidavit in Support of Opposition to Motion for X.
Customer: replied 11 months ago.

Whew. Thank you!

Expert:  Law Educator, Esq. replied 11 months ago.
You are welcome. Please do not forget to leave excellent service feedback as that is the only way experts get any credit for the time spent with you.

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