I submitted an Appeal Brief in regards to an NJ Probate Court Order in regards to Estate issues. Respondent-Plaintiff

Expert's Assistant chat
Customer: 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.
Answered by LawEducator in 33 mins 7 months ago
imglogo
LawEducator
10+ years of experience
logo

202194 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
LawEducator
logo
logo
202194 Satisfied customers
logo
10+ years of experience
imglogo
LawEducator
10+ years of experience
logo

202194 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

LawEducator, Expert

Hello and welcome to Just Answer. I am Law Educator and I am pleased to assist you today with providing you the answers you are seeking for educational purposes only.

I know your question is important and I’m working on typing an answer to your question now. You can select the premium service phone call option if you prefer to do a phone call.

Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type answers to you and also to others.

img

LawEducator, Expert

Good morning, how are you today?

What specifically are you looking for law on, since they are allowing you to amend the brief to comply?

Customer
I will be filing the Motion, which will include my Certification that refuted Respondent's Certification, in order to justify to the Appellate Court why an Amended Reply Brief should be allowed for me to include that Certification, with additional details/evidence beyond what I had included in my Reply Brief, along with my amended response, as part of my Appeal. From a common sense standpoint, it would be logical for the Appellate Court to allow me to provide this additional information. However, the normal Appellate Court process only allows for a Reply Brief, without any amendments. I am concerned that even though it makes perfect sense that I should be allowed by the Appellate Court to add that Certification to an amended Reply Brief, the Appellate Court, or the Respondent in their response to my Motion, might indicate that because I did make any "legal based" arguments or cite any related NJ court rulings justifying what I am requesting, that my Motion should not be granted. That is why I am asking you for any "legal based" arguments, and more importantly citing any related NJ Court Case rulings.
Customer
Ooops! Correct my previous response with: "....because I did NOT make any "legal based" arguments or did NOT cite any related NJ court rulings justifying what I am requesting,...."
img

LawEducator, Expert

Good day, here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

The issue is that there are no laws allowing for amending a reply brief, the law says only that the reply brief must comply with NJ 2:6-2.

The court retains discretion of course to allow amendment of any pleading under Rule 4:9-1, but you need to ask the court for leave to amend and you need to attach the proposed amendment to the motion for leave to file the amended pleading, which can include reply brief.

Customer
Thanks for the perfect answer and cited NJ rules that will greatly facilitate my pleading. That is all I need for now.
img

LawEducator, Expert

Thank you!.

Please let me know if you have any additional questions about this issue for me today.

img

LawEducator, Expert

You are welcome

If you have questions on other topics or issues, you can ask me directly at https://www.justanswer.com/law/expert-paulm. Please make sure that you type “For LawEducator Only...” in the question subject to ensure that the question is directed to me. You can also add me to your favorites at the bottom of the page so you can get to me more directly in the future.

Sometimes mistakes are made and someone other than me could respond to you. If that happens and you wish to continue with me, please tell them to opt out and I will get to the question

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

LawEducator

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer