Q: I did not include my original MSA in a post divorce motion I filed. I am filing an amended motion. How do I list it?
Meaning it would now be EXHIBIT A, so do I change all of the other EXHIBITS down one in the alphabet (A becomes B; B to C, etc.), or do I add it in with a new letter (R in this case)?
This is just a simple technical question about how to add in an Exhibit. My Motion date isn't until March 5th, and I have time to do so.
A: I don't know what issue is being presented to the court, but if your application seeks reexamination of a support provision of the settlement agreement, you also must file your case information statement from the divorce and file a current case information statement. If you are filing an application for a reexamination of a prior order, you must also include a copy of that order and a copy of any other pertinent order. If you are seeking reexamination of a prior ruling of the court, you must be able to also detail exactly what the change in circumstance is currently from the setting that existed at the time of the prior ruling of the court or at the time that the agreement is entered. Simply telling a court that your setting has changed is insufficient. If you allege that there has been a material change in the setting since the time of the settlement agreement, you need to provide the court with credible detailed proofs in your written certification. When you file an application with the court, the written certification ( which is the same as if you were testifying on the witness stand), is limited to 25 pages typed ( excluding the exhibits). If your certification is significantly less than the 25 pages permitted ( between your submission and your reply submission), you probably failed to include pertinent information to the court. Lastly, a judge will not read through your file or the history of your matter to fill in the blanks that you forgot to tell the court - it is your job to detail what you think is pertinent to the court and provide the court with a credible recitation of the issues presented. Too often, litigants think that the judge will sit and read their files to prepare for their application - they don't. It's your responsibility to include everything that you believe is important to the issues presented and you will not be able to walk into court and explain your application. If it's not done right in the written submission, don't bank on it getting cleaned up in the courtroom. It probably will not.
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