How to amend my motion/opposition/reply to include a declaration?

Business 10 views 3 answers
I am pro se and did not know factual statements/exhibits must be included in a Declaration. I simply attached exhibits at the end of my opposition. The other party, in his reply, argues that all factual statements should therefore be disregarded by the judge. Is it too late to do anything about it, or if I can amend my pleading to add a Declaration?

Attorney Answers

3
Andrekita Silva ·
You indicate that you attached exhibits to the end of your "opposition", and that the other side "replied" and asked that the judge disregard your factual statements. This tells me that it is the other side that noted the motion. If this was on a civil calendar, unless it was a motion for summary judgment, in King County, then the reply is the day before the hearing. Also, unless this was a dispositive motion, it would be without oral argument. So, the court may already have ruled. However, you should immediately contact both opposing counsel and the court ( make sure you include opposing counsel on any communications to the court). Advise that you wish are asking for a "continuance" for the purpose of correcting your response so that you can cure the defect to which opposing counsel objected. You must actually file a motion for a continuance. A judge has the discretion to decide whether or not to grant the continuance. But, do not wait to hear if your motion for the continuance is granted. As soon as possible, correct your response so that it your supporting declaration identifies and authenticates your exhibits. All you need to say in your declaration is "Attached and marked as Exhibit A is a true and accurate copy of XXXXXX dated xxxx by xxxx which consists of xx pages." Below is a link to the King county law library website. It has a lot of helpful information for pro se litigants. http://www.pllkc.org/wp/
0 upvotes
Kevin Hochhalter ·
I agree with Mr. Isquith. It will be up to the judge's discretion whether to accept the declarations or not, but you need to try.
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Fred Isquith ·
Submit the corrected declaration with a motion or request to the court for leave that it be filed and considered. These declarations are to provide evidence backing the statements in the brief.
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