Legal Question in Family Law in Massachusetts

motion to strike portions of plaintiff's justification

I just finished a trial for my divorce and represented myself. I am the plaintiff. His lawyer and I wrote up the proposed setttlement along with justification, and handed it ontime, Dec 15th, sending copies to each other as well as the judge. Now the defendent's attorney makes a motion to strike many portions of my justification to weaken my case. Motion is dated dec 18th, but the paperwork to me is dated dec 21st. Is this allowed?

Shall I file a similar motion to correct the lies in their justification or file a motion of improper procedure to have their motion thrown out? OR???

thanks


Asked on 12/24/06, 12:52 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: motion to strike portions of plaintiff's justification

You are raising a technical question that need more information.

A proposed judgment which seems to be a joint one, appears to be immune to a collateral attack. Usually motions to strike are not usccessful at this stage. The supporting arguments are viewed in the cintext of what the judge already heard.

The motive of the attorney may be suspect. Your approach needs attention -- the issue is not one of lies, but the different views being challenged.

As I said -- you raise technical issues that if you contact me, I will try to assist you.

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Answered on 12/24/06, 1:27 pm


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