So, after filing my opposition to MS- the reply from attorney broke civil rules

[Hollywood]

As I've posted before, I'm being sued by Discover Bank and their attorney's have filed motion for summary judgment. I sent in my opposition to motion for summary judgment, and they have now send me their reply to my opposition.

According to Civil Rules in Kentucky I've read, the reply is only allowed to be 5 pages in length, and they've sent a 12 page document. What can I do about this? I'm not feeling so good about my opposition if it's allowed. Is there a way I can get it stricken? Would it even do any good?

I'm thinking of initiating arbitration to prolong this longer at this point.

PS - Here is the rule specifically:

Motions to dismiss, for judgment on the pleadings, and for summary judgment shall not be noticed for motion hour but shall be filed with a memorandum of authority not exceeding twenty-five (25) pages in length, in type no smaller than 12-point. An opposing party shall have twenty (20) days from the certification date on the motion to respond. A reply may be filed no later than ten (10) days after the filing of a response and shall not exceed five (5) pages in length, in type no smaller than 12-point. Prior to notice of submission, counsel may request oral argument. Counsel shall file Form AOC-280, Notice of Submission of Case for Final Adjudication, when the case is ready for submission.

Also, today is the last day to file a reply as well technically.

Edited December 4, 2010 by Hollywood

[skippy1960]

It seems the rules support your assertion based on what you have posted, file a written objection to the response and file with court and send copy to other side.

Layout the arguement that the respones is outside rules of civil procedure and should not be allowed as part of the record. Remember what is good for goose is good for gander, so your documents need to be tight also.....

[Guest usctrojanalum]

do they attach exhibits and other documents to the reply? i do not think those attachments would count, simply what the attorney physically writes cannot exceed 5 pages in length. any attachments, exhibits or other documents would not count as a page. Did the attorney really write a 12 page reply? That would be extremely hard to do, what the heck does he go on writing about?

[Hollywood]

It seems the rules support your assertion based on what you have posted, file a written objection to the response and file with court and send copy to other side.

Layout the argument that the responses is outside rules of civil procedure and should not be allowed as part of the record. Remember what is good for goose is good for gander, so your documents need to be tight also.....

One point I countered them on as well in my opposition to their motion is the fact that they did not abide by their own terms and conditions that state they have to give notice to their action. The affidavit is from their own law firm stating that I received notice as it states in their record they sent it, but they don't include the letter! What junk.

Can I object first on the grounds of civil procedure and object to the affidavit as inadmissible as hearsay as well?

[Hollywood]

do they attach exhibits and other documents to the reply? i do not think those attachments would count, simply what the attorney physically writes cannot exceed 5 pages in length. any attachments, exhibits or other documents would not count as a page. Did the attorney really write a 12 page reply? That would be extremely hard to do, what the heck does he go on writing about?

The reply itself is 10 pages, with a 2 page "affidavit" from someone in their law firm stating they have in their records they sent me notice per their terms and conditions.

I think I ticked him off with my opposition, as my opposition was fairly long (about 12 pages as well) so he went through trying to counter every single dispute of material fact I made.

[Hollywood]

Would something like this work? I'm just typing it up without fluff right now.

Defendant objects to Plaintiff's Reply to Opposition for Judgment on the grounds that:

1. Plaintiff did not follow the Circuit Court Rules of Procedure in it's Reply to Opposition for Motion for Summary Judgment, in that a "reply may be filed no later than ten (10) days after the filing of a response and shall not exceed five (5) pages in length, in type no smaller than 12-point." Plaintiff's written reply doubled the length allowed by law with a 10 page written reply and should be thrown out in its entirety and stricken from the record.

2. Affidavit contained in Plaintiff's reply is inadmissible due to Hearsay, because the Affiant is not an employee of the Plaintiff, Discover Bank, and has no personal knowledge of whether advance notice was sent by the Plaintiff of this action as required in Plaintiff's own included Terms and Conditions. The Affiant is also not credible as an employee of Plaintiff's counsel as well, as the Defendant points towards the Defendant's Opposition Section V in which it is explained how Plaintiff's Counsel has blatantly lied in the the past in it's response to Defendant's Production of Documents in that it would supplement important documents to Defendant and it has failed to do so. The Plaintiff should have no issue providing this notice if it indeed exists instead of Hearsay from Plaintiff's Counsel claiming to have seen it in record keeping. Defendant adamantly denies that any advance notice was sent by Plaintiff or it's counsel of it's intention of this action, and Plaintiff was only originally informed of this action by the original service of the Complaint, breaking Plaintiff's own Terms and Conditions included in Complaint.

WHEREFORE, Plaintiff's reply to Opposition for Summary Judgment should be thrown out in its entirety and stricken from the record. Defendant stands by the several legitimate disputes of material fact explained in Opposition that Plaintiff has not proven its prima facie case and is not entitled to Summary Judgment.

[daybyday]

Hang it there Don't let the emotional roller coaster throw you off! Don't give in to arb, yet.

Defendant objects to Plaintiff's Reply to Opposition for Judgment on the grounds that:

1. Plaintiff did not follow the Circuit Court Rules of Procedure in it's Reply to Opposition for Motion for Summary Judgment, in that a "reply may be filed no later than ten (10) days after the filing of a response and shall not exceed five (5) pages in length, in type no smaller than 12-point." Plaintiff's written reply doubled the length allowed by law with a 10 page written reply and should be thrown out in its entirety and stricken from the record.

2. Affidavit contained in Plaintiff's reply is inadmissible due to Hearsay, because the Affiant is not an employee of the Plaintiff, Discover Bank, and has no personal knowledge of whether advance notice was sent by the Plaintiff of this action as required in Plaintiff's own included Terms and Conditions. The Affiant is also not credible as an employee of Plaintiff's counsel as well, as the Defendant points towards the Defendant's Opposition Section V in which it is explained how Plaintiff's Counsel has blatantly lied in the the past in it's response to Defendant's Production of Documents in that it would supplement important documents to Defendant and it has failed to do so. The Plaintiff should have no issue providing this notice if it indeed exists instead of Hearsay from Plaintiff's Counsel claiming to have seen it in record keeping. Defendant adamantly denies that any advance notice was sent by Plaintiff or it's counsel of it's intention of this action, and Plaintiff was only originally informed of this action by the original service of the Complaint, breaking Plaintiff's own Terms and Conditions included in Complaint.

WHEREFORE, Plaintiff's reply to Opposition for Summary Judgment should be thrown out in its entirety and stricken from the record. Defendant stands by the several legitimate disputes of material fact explained in Opposition that Plaintiff has not proven its prima facie case and is not entitled to Summary Judgment.

In count 1 list state statue referenced.

In count 2 needs to broken down into a) c); need to state why it is hearsay, Lacks Foundation, Lacks Authenticity from OC.

Remember all you needed to show the Judge was that there is just one dispute among all of the Plaintiff's uncontraverted facts.

Decision to make now is: wait for judge to over rule the MSJ from the plaintiff and see if the plaintiff dismisses w/o predjudice -or- File your own MSJ on the plaintiff and possibly win case.

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