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Ely
Ely, Counselor at Law
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When replying to a response to a motion, can I expand upon

Resolved Question:

When replying to a response to a motion, can I expand upon the original motion, or am I limited to replying to the argument in the response only?
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello friend,

Can you be more specific - what exactly has been filed and what is asked to be included in the response?
Customer: replied 11 months ago.

A motion to exclude all screencapture evidence as incomplete because witness had deleted what she didn't want anybody to see that she said. So the defamatory statements are out of context and my bias the finder of fact against defendants to prove malice.


 


Plaintiff's response states that any issues related to admissability were handled at the limine hearing and if we feel they are incomplete, we can tell our side at trial. However, because the witness for the plaintiff deleted the majority of the comments before making the screencapture, it's our word against tangable evidence.


 


Additionally, co-defendants filed separatew motions because DefendantA's screencaptures were addressed at the mentioned hearing, but not DefendantB's, however, Plaintiff only filed a single response to both. An oral objection to the response as insuffient was overuled without the opportunity to present a supporting argument.


 


The judge gave us 3 weeks to reply to the response, up next week.

Expert:  Ely replied 11 months ago.
R,

Thank you. GENERALLY, one can expand on the argument by bringing in new facts, yes, provided that the argument is limited to the matter of the motion.
Customer: replied 11 months ago.

Should we file 2 replies, or just 1. We are co-defendants and there are different issues, but this guy keeps grouping us together so he can make general arguments that keep dragging one defewndant along who should nevwer havew been included to begin with.

Expert:  Ely replied 11 months ago.
If the party filed two different motions, it is prudent to file two different responses, one to each.
Customer: replied 11 months ago.

But he did not. We filed 2 motions. He filed 1 response. We are unmarried co-defendants. He keeps arguing as if we are a single defendant.

Expert:  Ely replied 11 months ago.
I see. In this case, it would behoove one to act WITHIN THE ARGUMENT as though you are not one, but two. If you file as one, then it may be a tacit admission of you being one defendant. Ergo, each defendant may wish to file their own response, to keep up the argument that the defendants are two.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86668
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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