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Pearl avatar
Lawyer's, Assistant
I submitted an Appeal Brief in regards ***** ***** NJ Probate Court Order in regards ***** ***** issues. Respondent-Plaintiff issued Opposition Brief, part of which had false arguments and false claims that referenced and included in an Appendix a Certification, which I had refuted with my own Certification, filed with the Probate Court. I submitted a Reply Brief and briefly addressed those false arguments and claims. I did not include or reference my Certification because I thought that NJ R.2:6-1(a) (2), which indicates that Briefs submitted to Lower Court should not be included with Briefs in Appeal Case, unless portions of Brief are referred to in Lower Court rulings, also applied to certifications included with Lower Court Briefs. After my submittal, the Case Manager indicated that restriction does not apply to Certifications.I am now going to submit a Motion to Amend my Reply Brief so that I can present facts and arguments based on submitting my Certification in order to refute the false arguments and false claims from Respondent's Certification. I have pointed out why I did not reference my Certification in my Reply Brief since I thought that NJ R.2:6-1(a) (2) did not allow it, and the Case Manager informed me after my filing that rule did not apply to certifications.I would appreciate it if you could provide some "legal" arguments, and even more importantly, any cited NJ Court ruling that would help support my Motion to Amend Reply Brief in order to include my Certification that refuted his Appeal filed Certification from the Probate Court.
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