You can attach exhibits that are not referenced in the brief. Question is: Why? One answer may be that it is not needed in the present brief, but--depending on what occurs later in the motion--you may need to have those exhibits to reference later in the process.
Be sure that whatever exhibits and information you file in a court complies with the Court rules for keeping out private matters, such as a full SSN, DOB and Drivers License number. That is the process of redaction, or editing out that sensitive materials.
One other point: judges expect civility, which means the parties don't use court as an opportunity for personal attacks on the opposing attorney, another party, or the court. I have seen it and it does not go well for the litigant or lawyer who engages in that sort of conduct. People have the right to free speech, but if people launch personal attacks, then that can reveal a lack of credible evidence. Focus on the elements of the case and what is required for the motion. Leave the vitriol in a personal journal.
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I am not sure if it is mandatory to cite them in your brief. I certainly would, otherwise they may not be read or considered. You may also have to introduce them some other way.
You should only include evidence that supports of your arguments. If a document is not referenced in the brief, then it is irrelevant to the motion/opposition and should not be attached. If you are the moving party and the other side's opposition raises arguments that the omitted documents would counter, then you could include them in support of your reply. Good luck.
I am not your attorney. The information provided is for general educational purposes only and is not intended to be legal advice. I am only licensed to practice law in California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual or legal set of circumstances, or in the jurisdiction applicable to you. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
I assume this is an appeal from what you have provided. If this is a 9th Circuit appeal read Circuit Rule 30-1 of the Federal Rules of Appellate Procedure for the required contents of an excerpt of records.
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