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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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In AFFIDVIT TO SUPPORT DEFAULT JUDGMENT under 4. I have attached copies of all relevant documents to this affidavit. Do I have to attached all documents for the defendant when she already has possession of them? Also, since I have asked for pain and suffering too do I have to add anything for that or will I just testify at the hearing? It is xx.

My name is ***** ***** I'd be happy to answer your questions today.
The opposing party should get a copy of exactly what is filed with the court. That includes any attachments, even if you know that the person already has some of the documents. This avoids a situation where they try to strike your pleading for not attaching everything.
Since #4 asserts that the plaintiff has attached copies of all relevant documentation, that includes documents that support the amount of damages that the plaintiff is claiming. In some cases, attaching the documents will allow the judge to enter a judgment without needing to have a hearing.
Please rate my service positively before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - otherwise, please reply so we can continue the conversation. Good luck.
Customer: replied 4 years ago.
You didn't answer part about pain and suffering that I asked.
Pain and suffering is part of your damages. Thus, the second paragraph addresses pain and suffering - documentation should be attached. I apologize if that was unclear.
Customer: replied 4 years ago.

Do I have to include COMPLAINT, FIRST AMENDED COMPLAINT, INTERROGATORIES already filed. Aren't there different rules when it comes to pain and suffering in xx courts.

Documents already filed with the court don't need to be attached. The judge has them.
All damages are proven by introducing evidence. With something like pain and suffering, it typically requires testimony from the injured party or others. But that doesn't automatically mean that there wouldn't be any documentary evidence. There could be statements from people who saw the suffering, the bills that were used to reach the amounts requested, evidence from a doctor showing that the problems will continue or that a person sought treatment for mental anguish. The affidavit just requires people to attach the documents they have. The rules of evidence and civil procedure are the same. The primary way that pain and suffering is different from other damages is that it's not available in many cases that do not include a physical injury.
Customer: replied 4 years ago.
do I need to include a letter from me about my pain and suffering? I expected answers to my complaint. You have been very helpful. Thank you. I believe this is the last question about no 4.
You do not need to write a letter, if one doesn't already exist. You can request a hearing to discuss pain and suffering before the judge.
Customer: replied 4 years ago.
thank you
You're welcome. Good luck.
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