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I need to make an single attachment for a numbered item on
a civil suit complaint (California Form 982.1(1)).
Should I refer to the attachment as "Attachment 15" or "Attachment 1"
or "Attachment for California Form 982.1(1), item 15"?
Or as something else?
On the attachment itself, should it be number 1 or number 15?
TIA...
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On Wed, 24 Mar 2004, "z" <z@y.x.invalid> wrote:
I need to make an single attachment for a numbered item on
a civil suit complaint (California Form 982.1(1)).
Should I refer to the attachment as "Attachment 15" or
"Attachment 1" or "Attachment for California Form 982.1(1),
item 15"? Or as something else? On the attachment itself,
should it be number 1 or number 15? TIA...
You are confusing an optionally suggested form with substance,
including that you don't "need" to use that form and that, depending
on the facts, it might be desirable in particular lawsuits not to do
so.
Generally speaking, an "attachment" to that sort of form indicates
that it is an extension of some allegation or of other data for which
the form itself indicates is required or desirable to include but in a
manner which does not contain suffient space in/on the form itself to
there include compared with an "exhibit" which, as distinguished from
an allegation of fact or related such information, might be an
original or reproduction of a document or photo, etc., which the
allegaing party contends evidences some fact alleged.
But probably will not matter how (in terms of the alternative terms
you use above) you "refer to" an attached document (and so, if you
prefer, you might call it a "Rider" or, for that matter, "Sidney" or
"Gladys" or "Thingwithwordsorimagesonit").
What will matter is whether the package of papers, read as a whole,
makes reasonably clear to the adverse party and to the court the
therein required information/allegations -- namely,
i) the correct identities and respective capacities of the
parties to the lawsuit,
ii) whatever if any venue-related information the particular
court in which you are suing will require,
iii) concisely stated allegations of the the operative underlying
facts plaintiff contends in good faith plaintiff will be provable
which, if proven, would entitle plaintiff to relief, and
iv) a claim for the relief sought, plus
v) the miscellany of related information your reference to the
form suggests you already know (e.g., plaintiff's address and phone
number, etc.).
[ see cautionary on related posting ]
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Thanks.
I am looking at using a MC-25 (judicial form approved
attachment for another judicial form). It sounds like
you are saying I could go with an MC-20 (generic
attachment) or even roll my own (although it is not clear
to me that my situation is special enough such that it
would suggest I roll my own, unless I want to deliberately
project a "just-a-down-home-country-boy" aura to
the court).
I'm gravitating towards the MC-25 and
"Attachment 1 for item 15" (the attachment will already
be marked with the short title). Just to KISS.
Thanks for the input...
On Wed, 24 Mar 2004, "z" <z@y.x.invalid> wrote:
....
You are confusing an optionally suggested form with substance,
including that you don't "need" to use that form and that, depending
on the facts, it might be desirable in particular lawsuits not to do
so.
....
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