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  1. #1
    Join Date
    Sep 2010
    Location
    Seattle, WA
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    77

    Default Amended Complaint and Evidence Already in Record

    My question involves court procedures for the state of: Washington

    I've got a case where hundreds of pages of exhibits have been filed in the record following the rules and procedures (i.e. as admissible evidence). Much of this has been filed AFTER the initial complaint. As I'm moving for an Amended Complaint (which references some of these "new materials" already in record), is it bad practice to reference Docket numbers in the amended complaint vs. attached (duplicate) Exhibits of what's already in the record?

    I.e. Instead of stating and Attaching "Exhibit A" to the Amended Complaint, state instead (Doc. 22, Exhibit A) - that way I don't dupe what's already in the record, instead I merely reference it?

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Amended Complaint and Evidence Already in Record

    You have to attach the exhibits anew.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Amended Complaint and Evidence Already in Record

    If it is so central to your complaint that you believe it should be attached, it's sensible to attach it. Absent special circumstances, though, such as actions on an account stated, certain real estate actions (requiring a deed to be attached) and the like, though, it's not normally necessary to attach exhibits to a complaint. We don't know enough of the background to comment on that.

    If you reference a document that you don't attach, even if you tell others where it might be found in the court file, I suggest identifying it with specificity. If "Doc. 22, Exibit A" is an affidavit from Joe Smith, for example, I might identify it as "the Affidavit of Joe Smith, Dated May 12, 2010 (See Doc. 22, Exhibit A)".

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