Brillianthoney Posted February 8, 2005 Report Share Posted February 8, 2005 I am filing a motion for leave to amend my answer after Plaintiff filed for a motion to dismiss my affirmative defenses. I don't understand the paragraph below. Can someone explain it to me?This motion is also based on [specify e.g. the papers and records filed in this action on the affidavit of or the memorandum of points and authorities served filed with this motion on any combination of these] and on any oral and documentary evidence that may be presented at the hearing of this motion. Link to comment Share on other sites More sharing options...
calawyer Posted February 8, 2005 Report Share Posted February 8, 2005 Frequently, you must file an affidavit in support of a motion. For example, say that the local rule requires you to meet and confer with the other side before bringing a motion to amend. You call the other lawyer, ask her to stipulate and she tells you to go take a swim. So, when filing your motion, you say in the brief that you complied with the rule and cite your affidavit. The affidavit, in turn, says that you called the lawyer for the other party, requested that she stipulate and you were cordially invited to a pool party.Your motion would then say it is supported by the affidavit of [insert your name]. Link to comment Share on other sites More sharing options...
c m chase Posted February 8, 2005 Report Share Posted February 8, 2005 Such a funny little shark, you are. Link to comment Share on other sites More sharing options...
calawyer Posted February 9, 2005 Report Share Posted February 9, 2005 Funny little teeth too! Link to comment Share on other sites More sharing options...
c m chase Posted February 9, 2005 Report Share Posted February 9, 2005 Are you threatening me, sharky?? Link to comment Share on other sites More sharing options...
calawyer Posted February 9, 2005 Report Share Posted February 9, 2005 I know better than to tangle with a Sooner. Link to comment Share on other sites More sharing options...
Brillianthoney Posted February 9, 2005 Author Report Share Posted February 9, 2005 So, if the civil rules say I can amend by leave of the court OR asking permission of opposing party, I can just appeal to the court without having to appeal to the opposing party correct? If this is the case, should I drop the affidavit paragraph that is in the form?Stipulate in nonlegalese terminology means what? Link to comment Share on other sites More sharing options...
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