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Obtaining Leave of Court to Submit Evidence in Reply Papers for 'Good Cause Shown'
In litigation, parties may bring motions for dismissal of the action or affirmative defenses, or move for 'summary judgment' (that there are replica hermes bag no genuine issues of fact and the judge can decide the case on the law alone). Generally, the moving party puts forward all of its proof in support of its motion, including any affidavits, documents or photographs. The opposing party then puts forward all of its proof. At that point, it is inappropriate for either party to provide additional facts in reply papers, as courts want to give each party an opportunity to properly respond to the facts alleged in the original papers. It would otherwise be unfair.
In litigation, parties may bring motions for dismissal of the action or affirmative defenses, or move for 'summary judgment' (that there are no genuine issues of fact and the judge can decide the case on the law alone). Generally, the moving party puts forward all of its proof in support of its motion, including any affidavits, documents or photographs. The opposing party then puts forward all of its proof. At that point, it is inappropriate for either party to provide additional facts in reply papers, as courts want to give each party an opportunity to properly respond to the facts alleged in the original papers. It would otherwise be unfair.
Sometimes, however, additional facts how much is a hermes bag or proof become necessary for various reasons. In that situation, the party seeking to provide additional proof must show "good cause" for having to do it.
Pursuant to binding Appellate Division, First and Second Department precedents, supplemental affirmations and/or sur reply's are permissible upon leave of the court with good cause shown, particularly where (1) the movant submits evidence for the first time in its reply papers or (2) "where the offering party's adversaries responded to the newly presented claim or evidence [citations omitted]." Kennelly v. Co. v. St. v.
Further binding Appellate Division, Second Department precedents hold that "[c]ontrary to the [movant's] contention, the court did not err by considering the evidence in the [cross movant's] reply papers because it was submitted in direct response to allegations raised in their opposition papers [citations omitted]." Conte v. In the first instance, the defense was raised in direct response to the allegation made in the plaintiff's opposition papers that the decedent was struck by a van in motion, rather than thrown into the path of a stopped van (see Conte v. Corp. v. v. v. Accordingly, the defendant argued, the court erred in granting summary judgment to the defendant.
In a recent action litigated by Richard A. Klass, Your Court Street Lawyer, the defendant submitted photographs of a sign with defendant's reply affirmation, after plaintiff's opposition and cross motion had been submitted, as evidence that the entrance near a certain street, within 50 60 feet of which plaintiff had repeatedly testified his accident occurred, was located at another street, thousands of feet away. In his reply affirmation on his cross motion, not in a sur reply, plaintiff requested leave of this Honorable Court to submit (a) further photographs clearly depicting the entrance gate at the particular street indicated, with an identical sign about which he had been testifying, adjacent to which plaintiff testified his accident occurred in his EBT, as well as (b) a supplemental affidavit from plaintiff, authenticating these photographs as fair and accurate representations fake hermes leather handbags of the entrance about which he had testified. Accordingly, as the evidence (a) was submitted with a reply affirmation on his cross motion, replica birkin handbags not a sur reply, (b) plaintiff properly asked leave of the court to submit additional evidence in his reply on his cross motion, in order to respond to the photograph submitted in defendant's reply on the underlying motion, and (c) defendant has availed itself of the opportunity to respond thereto, this evidence is properly before this Honorable Court.
by Richard A. Klass, Esq. is licensed under a Creative Commons Attribution Noncommercial No Derivative Works 3.0 United States License. For permissions beyond the scope of this license, please contact Mr. All links must be active.
In litigation, parties may bring motions for dismissal of the action or affirmative defenses, or move for 'summary judgment' (that there are replica hermes bag no genuine issues of fact and the judge can decide the case on the law alone). Generally, the moving party puts forward all of its proof in support of its motion, including any affidavits, documents or photographs. The opposing party then puts forward all of its proof. At that point, it is inappropriate for either party to provide additional facts in reply papers, as courts want to give each party an opportunity to properly respond to the facts alleged in the original papers. It would otherwise be unfair.
In litigation, parties may bring motions for dismissal of the action or affirmative defenses, or move for 'summary judgment' (that there are no genuine issues of fact and the judge can decide the case on the law alone). Generally, the moving party puts forward all of its proof in support of its motion, including any affidavits, documents or photographs. The opposing party then puts forward all of its proof. At that point, it is inappropriate for either party to provide additional facts in reply papers, as courts want to give each party an opportunity to properly respond to the facts alleged in the original papers. It would otherwise be unfair.
Sometimes, however, additional facts how much is a hermes bag or proof become necessary for various reasons. In that situation, the party seeking to provide additional proof must show "good cause" for having to do it.
Pursuant to binding Appellate Division, First and Second Department precedents, supplemental affirmations and/or sur reply's are permissible upon leave of the court with good cause shown, particularly where (1) the movant submits evidence for the first time in its reply papers or (2) "where the offering party's adversaries responded to the newly presented claim or evidence [citations omitted]." Kennelly v. Co. v. St. v.
Further binding Appellate Division, Second Department precedents hold that "[c]ontrary to the [movant's] contention, the court did not err by considering the evidence in the [cross movant's] reply papers because it was submitted in direct response to allegations raised in their opposition papers [citations omitted]." Conte v. In the first instance, the defense was raised in direct response to the allegation made in the plaintiff's opposition papers that the decedent was struck by a van in motion, rather than thrown into the path of a stopped van (see Conte v. Corp. v. v. v. Accordingly, the defendant argued, the court erred in granting summary judgment to the defendant.
In a recent action litigated by Richard A. Klass, Your Court Street Lawyer, the defendant submitted photographs of a sign with defendant's reply affirmation, after plaintiff's opposition and cross motion had been submitted, as evidence that the entrance near a certain street, within 50 60 feet of which plaintiff had repeatedly testified his accident occurred, was located at another street, thousands of feet away. In his reply affirmation on his cross motion, not in a sur reply, plaintiff requested leave of this Honorable Court to submit (a) further photographs clearly depicting the entrance gate at the particular street indicated, with an identical sign about which he had been testifying, adjacent to which plaintiff testified his accident occurred in his EBT, as well as (b) a supplemental affidavit from plaintiff, authenticating these photographs as fair and accurate representations fake hermes leather handbags of the entrance about which he had testified. Accordingly, as the evidence (a) was submitted with a reply affirmation on his cross motion, replica birkin handbags not a sur reply, (b) plaintiff properly asked leave of the court to submit additional evidence in his reply on his cross motion, in order to respond to the photograph submitted in defendant's reply on the underlying motion, and (c) defendant has availed itself of the opportunity to respond thereto, this evidence is properly before this Honorable Court.
by Richard A. Klass, Esq. is licensed under a Creative Commons Attribution Noncommercial No Derivative Works 3.0 United States License. For permissions beyond the scope of this license, please contact Mr. All links must be active.
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