Full question:
A Judge ruled in my breach of contract case that in my memorandum of opposition to a motion to dismiss that I did not cite the literature from the university that promises alumni access to the campus. However, I did cite the alumni brochure in the complaint and I included it as an exhibit. Should the judge have considered the citation and exhibit in the complaint when rendering the judgment. I plan to make a motion for reconsideration of the order and appeal if the motion is denied.
- Category: Civil Actions
- Date:
- State: New York
Answer:
The answer will depend on all the facts and documents involved. If you attached the brochure as an exhibit, but did not make specific reference to the language it contained as evidence in support of your argument, it is possible for the court not to have given weight to the brochure. For example, if you stated, “see attached Exhibit A”, as opposed to quoting the language of the brochure that supported your argument and “see Statement of Policy, paragraph 9, page 3”, the court may not have been able to determine the particular language in the brochure that was supposed to support your argument.
When arguing a motion to the court, it is best to make it as easy as possible for the court to decide in your favor. Laying the facts out as clearly as possible and requiring the court to do as little legwork and sifting through evidence as possible is recommended.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
