Legal Question in Civil Litigation in California

In a hearing on a motion, can you bring up points outside of what you filed in your opposition to the motion, ie, incremental to your points and authorities filed?


Asked on 1/31/12, 2:13 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Some Judges allow it and some Judges do not.

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Answered on 1/31/12, 2:17 pm

I agree with Mr. Selik, and would add that what the judge will allow will be strongly influenced by whether it appears you are springing something on the other side to deny them a chance to prepare a response, or if you are just amplifying or providing additional support for something that the other side was on notice would be in issue.

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Answered on 1/31/12, 2:19 pm


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