Can attorney sign clients declaration, statement of fact and memorandum of points and authority?

Asked over 1 year ago - San Diego, CA

I received a responsive declaration and memorandum of points and authority in opposition to a motion to quash I filed. The declaration is not signed by the the other party, only there attorney. The declaration is a diatribe making dozens of false and baseless accusations.

One accusation opposing counsel has recanted via email, but has failed to amend pleadings.
The accusation states I was hauled out of a building by security, is very prejudicial, and the incident never ever happened.

Does attorney's signature on declaration in lieu of clients constitute counsel is testifying, also he has no material knowledge of any of the false statement made against me.

Attorney answers (3)

  1. Herb Fox

    Contributor Level 16

    6

    Lawyers agree

    Answered . Declarations, like most evidence, can only contain information that the declarant (witness) knows from his or her personal knowledge in order to be admissible. Thus, for example, is the attorney saw you hauled out of the building, that might be admissible. If someone told him or her that you were hauled out o the building, it is hearsay and may be inadmissible.
    You will need to file evidentiary objections to each statement in the declaration that is legal objectionable. Lawyers study for years to understand the rules of evidence, and you should consider retaining one to represent you.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  2. Adrienne Patricia Allen

    Contributor Level 15

    4

    Lawyers agree

    Answered . An attorney can sin th memorandum of points and authorities and the statement but not the client's declaration. The attorney can sign his or her own declaration of facts he or she personally knows. I agree that you should hire an attorney to represent you.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  3. John Joseph O'Brien

    Contributor Level 13

    4

    Lawyers agree

    Answered . It seems like the other side may be trying to poison the well with some baseless accusations against you at the beginning of the case. If the attorney doesn't have personal knowledge, I agree that you should object to the declaration.

    You should also note, however, that a motion to quash can be a fruitless exercise and a waste of time/money, as (in all likelihood) they will eventually serve you -- in fact, if you appear at the hearing, they will probably personally serve you right there.

    The information/answer is not, nor is it intended to be, legal advice. Consult an attorney regarding your... more

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