Legal Question in Civil Litigation in New York

When filing a pro se opposing motion (affidavit) can I reference and attach supporting documents such as copies of emails, dated photographs?

Thanks,

Sally

Asked on 3/13/12, 11:29 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly
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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.

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3/13/12, 8:40 pm

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