Q: Can i file an ammended memorandum in support of a motion once it has been filed?
I filed a motion to dismiss an eviction complaint, at the hearing the judge allowed for the plaintiff to file a memorandum in opposition to my motion to dismiss, and for me to file a memorandum in support of my motiom to dismiss to be reviewed by the judge prior to issuing a ruling on the motion to dismiss. The plaintiff filed his memorandum in opposition and I then filed my memorandum in support. I have since realized certain facts and other pertinent information that I did not include in my memorandum in support and want to either wothdraw and refile my memorandum in support or file an ammeneded memorandum in support. If the judge has yet to rule can i withdraw and refile or file an ammended memorandum in support to include the information i feel is essential? If so, is there a specific procedure i need to follow to do so?
A: You should have no problem filing the amended memorandum. The judge, in allowing the filing of the memoranda, probably provided that the parties could file them according to a specified time schedule, thus ensuring that a ruling wouldn't be made until the memoranda were filed.
Charles M. Baron agrees with this answer
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