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Is there a rule of evidence that says a party can't
The general rule is that a bk court can do whatever it wants. Also, since
it's a court of equity, you should be allowed to get free wins off of
technicalities.
The rule against a reply containing evidence is LBR 9013-1(c) which
requires the motion to contain all the evidence. Do you expect the motion
to be denied with prejudice? If not, I have limited experience but my hunch
is it's a waste of time to object. an evidentiary objection is
most useful if it really can't be brought in due to the FRE or if you want
to setup perjury or to buy you time to object to/analyze the new evidence.
I hope this is helpful.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
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On Tue, Feb 24, 2015 at 3:34 PM, Holly Roark hollyroark22@gmail.com
[cdcbaa] wrote:
>
>
> Sorry, I was not clear. I am talking about the movant attaching new
> evidence to his reply brief. For example, in my opposition I point out
> everything wrong with the movant's evidence, then he just fixes it with his
> reply. Is that allowed?
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California - Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
> T (310) 553-2600; F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
> 922-5100
>
>
> On Tue, Feb 24, 2015 at 4:04 PM, Holly Roark
> wrote:
>
>> I want to file evidentiary objections in my Opposition to a Motion, but
>> is there anything prohibiting the court from considering evidence that
>> might be attached to a reply brief?
>>
>> I seem to recall knowing a rule that said that's improper, but I don't
>> know if judges construe that strictly.
>>
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California - Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>> T (310) 553-2600; F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
>> 922-5100
>>
>>
>
>
The general rule is that a bk court can do whatever it wants. Also, since it's a court of equity, you should be allowed to get free wins off of technicalities.The rule against a reply containing evidence is LBR 9013-1(c) which requires the motion to contain all the evidence. Do you expect the motion to be denied with prejudice? If not, I have limited experience but my hunch is it's a waste of time to object. an evidentiary objection is most useful if it really can't be brought in due to the FRE or if you want to setup perjury or to buy you time to object to/analyze the new evidence.I hope this is helpful.Sincerely,
The post was migrated from Yahoo.