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Notes on filling the Response To Motion For Review Counter Motion Minnesota Form

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Advice of Fulfilling the Response To Motion For Review Counter Motion Minnesota Form

shallots here with another video on.legal nuts-and-bolts the topic is going.to be replies if you haven't seen the.first two videos on motion practice this.is a series actually it's just a three.video series this will be the last video.then please check out those first two.videos because I highly doubt this video.is going to make any sense to anyone who.hasn't seen those and I'm deliberately.not going to cover the principles and.topics that I already covered in those.previous videos I'll reference them but.I won't go into detail so please check.those videos out the title of the first.one is motions and the title of the.second one is opposition's to motion and.I'll go ahead and put links in the.description below in case that helps you.find it so I'm gonna go straight into it.briefly the motion that was filed is the.paper the first paper in my three-part.briefing that tells the court here's.what I want here's the authority.allowing me to have what I want and here.are the facts that support that.Authority the opposition does two things.first.it's the opportunity for the person.filing it to deny or otherwise.controvert what you have asserted in.your motion so let's say for example.that you're you're alleging that your oh.you've uh your wage has dropped or.something and you're trying to modify.child support the opposition is an.opportunity for somebody to say no their.wage hasn't change and here's how I know.and here's some facts that I have that.basically controvert the facts that they.have set forth the other thing that you.can do in your opposition is you can.raise new legal issues that are relevant.to what is being asserted in the motion.so it's more I like to kind of call it.not making an excuse to what's been done.but sort of saying that assuming that.what my opponent is saying is true I.should still went on this because this.other issue that I'm going to raise.blocks or somehow overrides or is more.important than the issue they're.asserting hopefully this makes sense.it's kind of like you're raising the.shield to block what they're throwing at.you and also raising your sword to.strike back the motion is just them.asserting something they're attacking.they are asking for something to be.entered against you the opposition is.both a block and a counter-attack in one.piece of paper let me think of another.better example well actually I have two.example right here so in one of my.motions.I ask the court to reopen discovery and.if you've seen my discovery video you'll.know that once your case is closed at.least in Nevada if you want to open.discovery again you have to file a.motion and ask the court for permission.normally you just get a free discovery.period just through the ordinary process.of the lawsuit but once your case is.closed you don't just get a new.discovery process just any time you file.something after after the the judgment.or the stipulations been entered you.still have to or you now have to go.above and beyond and ask the court using.the motion and explain to the court what.so in in my motion I asserted these.different cps reports were relevant this.email from a teacher was relevant so.based on those facts and on this law.that requires me to ask the court for.permission.please reopen discovery in her.opposition my ex's opposition she.blocked it by or student succeed well.she tried to block it by saying number.one it's not true that the teacher sent.an email and number two what was the.other issue oh the CPS reports jaden.actually deny those that's where she.counter-attacked she said that the CPS.reports even though they had been.entered against me you could not.consider them because CPS didn't take.any action against me now my ex didn't.actually named this legal doctrine by.name her attorney she had an attorney I.don't know why the attorney didn't name.it but what if it's called as issue.preclusion it's basically a way of.saying that okay let's assume that my.opponent is right about what they're.asserting here I am going to go around.that and saying that according to this.legal doctrine even if that's true the.court.can consider it anyway and that's an.example of somebody using an opposition.where they first block what you're.trying to do with your motion and.counter-attack and say this completely.different legal thing that I'm bringing.up that wasn't mentioned at all in the.motion totally new this thing makes it.so that even if they're right and I fail.to refute what they're saying but I am.still able to win because of this new.issue and that's what issue preclusion.was when I didn't when I filed my motion.asking the court to reopen discovery I.didn't cite issue preclusion and there.why would I fight that why would I shoot.myself in the foot that's up to my.opponent decide if they want to cite it.I'm asserting that I want this and then.of course when she filed her opposition.her attorney did first refute what I.said and raise a few preclusion which.she was able to do of course she didn't.mention it by name and she didn't cite.any authority I don't know why she did.that because that's not the way that a.lawyer should be acting but in any event.in my reply I addressed it and that's.what I'm going into right now the point.of the reply is to specifically address.those issues that they raised in their.opposition that are new a lot of people.don't know this a lot of people when.they file their reply all they do is.reiterate everything they set in their.motion which isn't the whole there's no.point in that it's just an extra piece.of paper that's just regurgitating all.the same stuff you said in your motion.if that was the point of the reply why.even bother with it the point of the.reply is to identify the new issues that.your opponent raised in their opposition.and assert why those new issues are.wrong or don't apply or incorrect and.that's what I did eat my ex said that.CPS took no action against me and.therefore I have a preclusive effect and.basically Alex can't bring up this issue.because it's preclude it's blocked it's.precluded it's also called estoppel.there's all kinds of names for these res.judicata res judicata principles I think.I cover them in a video specifically.called res judicata if you want to know.more about how those work anyway in my.reply I was able to say no that's not.true this is how issue preclusion works.there's four different analytical prongs.that the court has to consider.and it doesn't even satisfy prong one.and two in other words I was saying that.issue preclusion doesn't apply then I.did end up winning on that motion the.court considered the motion the.opposition my reply and ruled in my.favor so in other words they took the.things that I asserted in my motion is.true they considered her denials in her.opposition and didn't believe them they.considered the new legal principle that.she raised which was issue preclusion.and compared that to my reply which is.me saying that this shoe preclusion.doesn't apply and they again ruled in my.favor and then they the it was actually.a discovered and commissioner who made.the decision he ordered he ordered on.discovery to be reopened which is what I.asked for and I was able to get those.extra CBS reports and I was able to get.an email from the teacher that I.otherwise didn't have access to I hope.that this makes sense to some people I.feel like I covered it in the most.simplest way that I possibly could I.really simplified things when I.mentioned that the court believed me and.took my assertions is true and all that.I'm gonna do a whole separate video on.something called prima facie or I might.call it prima facie I might call it um.getting an evidentiary hearing I'll.probably call it getting that.evidentiary because it'll make more.sense to people because the court.doesn't actually consider what's in be.briefs as evidence what it's trying to.do is determine whether or not a.full-blown hearing should be conducted.but I kind of tried to simplify it.because the whole point of the this.series is to get people to understand.what's appropriate in the motion what's.appropriate in the opposition and what's.appropriate in the reply now I did.mention that the reply should not be.something where you regurgitated.all the things that you said in your.motion but one of the other things I.want to bring up is that the reply is.also not the time for you to bring up.brand-new stuff and this happens.especially in child custody because.sometimes briefing will take so long.sometimes usually based on the deadlines.and how everything works.by the time a motion is filed and by the.and opposition is filed and by the time.I reply to that opposition is due.it could very well have been five weeks.four weeks something like that and a lot.of people in child custody cases when.they go to file their reply they have.all this new stuff that happened in that.month and they try to bring it up and.their reply you're not supposed to do.that that should be in a completely.separate motion so that your opponent.has an opportunity to address that on a.position and what happens is if you file.if you put it in your reply brief is now.over eats clothes and it goes to the.corporate decision so your opponent.doesn't have an opportunity to address.those new issues you've raised in your.reply now some people might go aha.that's like a strategic advantage I.should bring up all kinds of stuff in my.reply because my opponent will be able.to oppose it that's not true there's all.kinds of ways that the courts will deal.with it when a person does that.sometimes especially if it's not a child.custody case if it's like just a regular.ordinary civil lawsuit.they'll just strike it the judge would.just say order striking boom everything.you raised in then that's new I might've.even consider other times sometimes.they'll do this did actually happen to.me once in my child custody case other.times the court will order the person.who filed their opposition to file.something new called a syrup reply which.is an opportunity for them to reply to.the stuff needs to the new stuff that.you raised in your reply it's only ever.happened once and it just gets really.clunky it's better to just bring up a.whole new emotion and just have two.separate matters that are being briefed.and the court can bundle them all.together instead of single hearing it's.not like it's gonna set hearing for each.one separately and you know it's it's.fine if there's two or three or even.four of these motions filed and all.their corresponding opposition's and.reply support will allow them to close.up and wrap up before hitting a hearing.and then it'll consider all of them at.the same time the server play was just.something about my family judge decided.to try one time because it was an issue.that was important enough to him he.didn't want to strike the reply and he.wanted to him hear what my opponent had.to say on it and of course I didn't know.that shouldn't be bringing new stuff.into my reply because I learned this all.as I was going along so I'm not an.attorney so the server play is one.mechanism with which the courts might.decide to deal with somebody who raises.new issues in their reply.and the third thing then this is the.most frequent one that will happen at.least I think in child custody is the.court will just allow your opponent to.address all of the new issues that you.raised in your reply at the hearing and.you know that causes you can sometimes.cause issues you could end up getting.your matter can your matter continued.your opponent if they have an attorney.they might show up and say yeah those.new issues that Alex raised in his reply.we didn't have time to look at them and.we want to you know brief the court on.those new issues so we don't want you to.address those today at this hearing now.of course the judge would say well I'm.going to consider them anyway but if.they file an appeal it'll probably get.reversed so just don't play just don't.play with fire and just think about it.when you're filing you're replying I.know you're gonna have the strong urge.to bring up all of this new stuff that.happened especially if you're in child.custody case but don't bring it up in.your reply bringing up in a separate.motion and have it go through the.process the last thing I was going to.mention was what the court will do once.it's been fully briefed and I'm not.going to go into detail right now but I.will at least kind of glaze over it I.did mention I was going to do a separate.video that was going to be titled.getting your hearing and it's gonna.cover what a prima facie case is and how.you get that evidentiary hearing but.anyway the court will either will do one.of three things.it'll summarily deny your motion and.when the Court denies your motion.they're saying that it the court is.saying that it has reviewed your motion.considered the opposition and reply and.that it feels based on the information.of that that's in your motion that you.have not brought something to its.attention that even entitles you to.hearing so you try not to think of the.court as not believing you because the.court hasn't heard testimony and.considered evidence it may have read.your exhibits but those aren't evidence.yet because you didn't get to a hearing.and have them admitted the court feels.and this is kind of a simplification but.I just have a half.trying to help people understand it.without getting so technical the court.feels that even if everything you've.said in that motion is true you are.still not entitled to the relief you're.requesting so I'm not gonna set a.hearing because there's no point I'm.just I believe everything you said if.you're still not entitled to primary.physical custody that's what's happening.when the Court denies your motion.without setting a hearing I kind of.talked a little bit about how these are.a little bit easier to appeal and win in.my videos that cover appeals especially.the standard of review because basically.you're appealing to get a hearing you.know you're not really appealing to say.hey tell my judge I'm right give me what.I want you're appealing to say hey tell.my judge that if I am right about.everything I've said in my motion I.should get an opportunity to prove that.I'm right at a hearing again I'm just.gonna glaze over this later on I'll go.into detail on all of this stuff the.second thing that the court can do and.this is the most common is set an.evidentiary hearing and that's basically.the court ordering both you and your.opponent to come and present evidence.and witnesses so that it can consider.all of that and the testimony of those.witnesses and render a decision that's.basically the courts saying that if what.you're saying in this motion is true you.should be entitled to the relief that.you're requesting so I'm going to give.you a hearing to give you the.opportunity to prove it.that doesn't mean you're just gonna win.because some people are like oh my god I.got a hearing I'm gonna win no it.doesn't mean that at all it means that.you should have the opportunity to prove.everything that you're saying in a.full-blown hearing and that if you.succeed in doing so then you will get.the relief you're requested a lot of.people get a hearing and then the motion.will be denied at the hearing because.they'll fail to improve it or their.opponent will have proven something in.their opposition affirmatively that.basically says yeah so you're right this.also applies and this overrules you and.that's where you get into estoppel and.preclusion and all those.techniques that you can use to sort of.block someone from bringing up issues.that again I'm not gonna reiterate now.you're gonna have to look at the rest of.your code of videos you want to see how.that works and that's just one method of.doing that there are other methods of.asserting estoppel or preclusion and.blocking something from being brought to.the court's attention and these things.make sense so some people and I think.they sound cheap but there's actually.principles behind them that once you.understand them that actually make sense.as to why the court allows those to.block something from going back to a.hearing again the third thing that the.court can do and this is the rarest but.I have had it happen to me and I love.what it happens is the court can.summarily grant your motion now I.mentioned some memory denial.some are summarily granting your motion.is a possibility it's extraordinarily.rare basically when your motion has been.summarily granted this is what's.happened you have brought a series of.issues to the court's attention that if.true would entitle you to relief and.your opponent has failed to even allege.some kind of something in their.opposition that shows why the court.should even bother sitting to hearing.now the only way that usually can happen.is if your opponent either doesn't file.in opposition at all which has happened.in my case and I've won on that I've got.one orders summarily granting before so.like I think only think of one that son.oh yeah I filed a motion to have her my.my access visitation suspended based on.allegations of physical abuse and an.expert a psychologist wrote a affidavit.up for me alleging all of those things.and I attached it to my motion well my.ex didn't file an opposition so I.asserted a certain list of facts that if.true would entitle me to the relief I'm.requesting which is to have my ex's.visitation suspended and a supervised.fee filed no opposition at all so since.my ex hasn't opposed anything.I'm saying she hasn't shown the court.that there's any point to a hearing if.somebody accuses you of something and.you just admit it which is what not if.you don't file an opposition that's what.you're doing you're admitting everything.they're saying then why said hearing.there's no point you've admitted it.you're saying it's all true.so you're entitled to an order summarily.granting the relief you're requesting.there won't be a hearing you just win.the other way is if your opponent does.file an opposition but they fail to.address the allegations you've raised in.your motion or there's sometimes there's.another really quirky way like usually.there's like a statute or something that.you can use to block your opponent from.opposing something in a certain way and.like I said this is not really a common.occurrence it's order summarily granting.are pretty rare but um sometimes they.will oppose don't they'll oppose certain.things that aren't really legally.relevant to what you're asking for and.then the thing that is legally relevant.they either do not controverted.or they don't talk about it at all and.what the court will do is to merrily.grant those motions now that happened in.my case as well what happened is I filed.I can't even remember what was in that.motion I found so many motions but what.I do remember is this her attorneys.couldn't get a hold of her and so her.attorneys filed an opposition saying.that our client won't talk to us and we.are only filing this opposition so that.she can have an opportunity to oppose it.out of hearing and then on reply I said.I cited some court rules that say you.actually have to controvert what I'm.saying you can't just file a piece of.paper titled opposition and expect that.to get you a hearing and the court.agreed with me the court said that mr..Falcone has alleged these different.things in his motion and his ex has.failed to oppose any of them in her.opposition it's just her lawyer saying.they can't get a hold of her that's not.somebody saying that anything is.disputed that's just somebody saying we.can't get a hold of you that doesn't.count as rate as controverting what he's.saying and since you're not.controverting.there's no reason for me to set a.hearing I'm not gonna set a hearing when.you're not even saying that anything is.false what's the point I have two others.5,000 other cases I don't have time for.going to a hearing on somebody who.doesn't even dispute anything that's.crazy I'm just gonna file this an order.granting and mail it to him and that's.what the judge did typed up an order.granting mail it to me and I got what I.wanted another I mean I'm not gonna go.into any more examples I feel like I've.gotten the point through hopefully this.makes some sense to people.hopefully it's easier for people to.understand how why the court even.bothers doing the motion opposition in.reply and how it factors into you.getting the court to understand why it's.even going to have a hearing and not.only that but when it gets to the.hearing the court will know what to look.at so a lot of people think that courts.like Judge Judy just show up and talk.and I've mentioned this before but these.judges in the district court are looking.at complex legal issues this isn't.something like some guy hit my car in my.driveway and I want money this is really.complicated legal issues and what's.going on is that the court needs to.figure out like how to like I don't even.know what laws to look at so if the.court if the court is basically a court.of general jurisdiction then it has all.of these different wildly different.things that it can consider from real.estate - landlord tenant - I mean just.any imaginable issue can be brought.before it it's just insane to expect the.judge to have that all memorized and for.people to just go in court and show up.and start talking and to expect the.judge to really know exactly what law.applies just out of the be like that.it's just not reasonable and that's why.the ordinary court process is so formal.that's why there's those procedures.that's what the court wants to be.briefed before it's a hearing and before.it considers any kind of issues that are.raised by either side so I mean once I.understood that it made more sense to me.and I embraced it and I would put.together really thorough briefs I'd do.all the research on the laws and a lot.of times I think.mention distance this and some of my.videos a lot of times the court would.just be on my side as soon as I went in.I did the judge would just be ready to.rule in my favor because he's read.everything that I've asserted and he's.looked at the laws that I excited and of.course he'll do his own research too but.he'll know at least now what to research.rather than just having no clue as to.what's going on he'll know exactly what.to go look at.anyway if anyone has any specific.questions on how any of the many of the.processes work with regards to motion.practice feel free to post them in the.comments below or send an email see you.guys next time.

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