Legal Question in Employment Law in New York

What the different between a motion and pleading

I want to file a motion to exclude evidence in my case and to submit new evidence. I want to take a witness depostions and enter in my case as evidence,also and cross examine a witness to exclude that person statement.


Asked on 10/17/04, 8:24 pm

1 Answer from Attorneys

Rachel Yosevitz Bistricer Yosevitz

Re: What the different between a motion and pleading

There are several grounds upon which to move to preclude evidence, such as, the other party's failure to produce the evidence before trial, irrelevancy, etc. If a trial has not started you can take a witness depostion by serving a notice of deposition and subpoena. Cross examining a witness is generally done at trial but you can attempt to discredit them at a deposition. There are various ways to have the things your want done. To get them doen, however, depends largely on the status and nature of the case.

I recommend that you consult with an attorney immediately so that you can explore your options. If you wish to discuss retaining my services, contact me at: [email protected] (516)-256-7737

[NOTE: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/18/04, 9:55 am


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