can you cite precedent cases and attach exhibits when answering to a motion to strike ? What is the right word to used when formulating the title of the answer to the motion to strike . . . ? do you use the word answer , defenses , reply , respond , etc . ?
Real Estate Attorney
Generally, you can respond to a Motion to Strike by filing an Opposition to Motion to Strike or simply a Response to Motion to Strike. Yes, you may attach exhibits to your response and may cite case law to show that the motion to strike is legally insufficient or to demonstrate a factual basis as to why it should be denied.
Family Law Attorney
There is no requirement that you file a formal response, unless you want to. The court will have a hearing on the motion where you can argue against the motion to strike. But, to answer your question, and as the last attorney stated, yes, you may cite case law and attach documents.
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There is no requirement for you to make a response to a Motion to Strike, or any other Motion, for that matter. In fact, there is a commentator [Henry Trawick] s who would say that it is improper to make a response to a Motion. A Motion is made and the argument to be made against it is to be made at the hearing on the Motion. Having dueling documents in the Court file should not make a difference.
Having said that, I will on occasion make a Response to Motion for --------.
The only reason to do so would be so that when the judge reads the Court file before the Motion that both sides of the issue can be read before the legal argument.
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