When filing a pro se opposing motion (affidavit) can I reference and attach supporting documents such as copies of emails, dated photographs?
1 Answer from Attorneys
Yes. What you should do is prepare an affidavit (sworn statement) in support of the motion. That affidavit should consist of simple, short paragraphs. The paragraphs should contain sentences that are simple and direct. Don't try to impress the judge with your writing ability. Each time you make a factual point that is supported by a document, you refer to the document as an exhibit. For example, you might point out that there is a lease between the parties. "A copy of the lease is attached as Exhibit A."
You may need to "lay a foundation" for the admission of a document. If you have the original of a document and you're attaching a copy, it doesn't hurt to state that you have the original and will produce it on request.
For a photograph, you need to state that you have seen the scene depicted in the photograph, and the photograph is a fair and accurate representation of what is there.
Related Questions & Answers
How do I file an article 78 without a lawyer. No lawyers in this area think I am... Asked 3/06/12, 2:45 pm in United States New York General Civil Litigation
Hi, I am a pro se litigant who has filed a Motion fro Summary Judgment. The return... Asked 3/05/12, 11:13 am in United States New York General Civil Litigation
I inadvertently shot off a few bottle rockets after the NYG. Super Bowl victory. One... Asked 3/05/12, 5:44 am in United States New York General Civil Litigation
I live in a condo and my apartment is on the market. My real state agent is the... Asked 3/04/12, 10:24 am in United States New York General Civil Litigation
Does a joury have access to deposition made by plaintiff and defendants before case... Asked 2/27/12, 1:56 pm in United States New York General Civil Litigation