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Law Educator, Esq. (ONLY) (This is on the motion to strike)

Law Educator, Esq. (ONLY) (This is...
Law Educator, Esq. (ONLY)
(This is on the motion to strike)Good morning and happy Saturday.
I have something like this below under all my fraud evidences and there are about 15 evidences in the motion. my question is, is it advisable to write out all the fraud evidence, argue all and then at the end of all the fraud evidence state that If the plaintiff did not fabricate invoices, and summary sheet and tampered with the invoices and intentionally, falsely remove, add, and uttered the invoices as evidences above has proven, the plaintiff would not have won the judgment and so on, instead of writing that under each evidence. What is your advice?
If the plaintiff did not tamper with the invoice, the defendant would have been able to prove to Court among others that the (1) the balances in the invoices were picked to reach the amount the plaintiff wanted (2) she would have been able to prove to Court that the amount the plaintiff was seeking in the complaint was not due from defendant to plaintiff, (3) she would have been able to prove that most of the entries in the invoices were falsely created with false entries to reach the fraudulent balance that the plaintiff wanted from the defendant for services plaintiff did not render to the defendant and the Court would not have given the plaintiff the judgment and the defendant would not have suffered the damages.
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Answered in 1 day by:
3/25/2018
Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 125,956
Experience: Attorney At Law handling education matters.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Yes, it is best to write out and describe all of the EVIDENCE (not evidences) in the body of your memorandum and then you can say that based on all of the fraudulent evidence you described in the memorandum, the plaintiff would not have won judgment in their favor.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
Yayyyyyyyy welcome back. I thought they cut me off already for the month for asking too much questions. Thank you very much, repeating that over and over we take a lot of space and it will be too much repetitions.

Thank you for your reply.

No, the internet went out and it took them 3 days to get someone out to fix it.

You just need to explain it in good detail one time and then from there you can just refer to what you already said elsewhere in the brief.

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Customer reply replied 3 months ago
Thank God the internet is fixed.
I need to file my motion to strike tomorrow. Is it advisable to reclaimed it today and file the amended one later tomorrow? I know that if I reclaim it today on line it is going to show tomorrow date, so it is like asking if I can reclaim tomorrow morning and file the amended one later in the day.
The hearing is coming up for the plaintiff motion to strike my Special defenses in 8 days.
My objection to the plaintiff's objection to my motion to strike was grated, thanks to your advice. the motion was granted because the motion to strike that he was objecting to was not reclaimed, therefore was moot. At the time it was granted, the Court ordered that all motions on file will be heard at the time of the hearing for the plaintiff's motion to strike coming up on April 2nd. I am trying to reclaim my motion to strike and file amended one, just in case the Judge decides to hear it on that day.It usually takes 45 days for the Court to hear amended motion to strike.

Thank you for your reply.

If you reclaim it and file the amended, that means that they have to set another date, because the opponent has a right to respond to the motion. It would be best to withdraw your original motion to strike and then file a new one.

Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 125,956
Experience: Attorney At Law handling education matters.
Verified
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