If relief is not in the original notice of motion, it doesn't get granted. "Any other relief...," is a goofy last relief request in any notice of motion, and certainly should not justify the end run. If I see yet another comment in a party opponent's supporting certification that says, "my attorney will provide a certification of services (when hell freezes over)... Anyway, I would hope that our fine Judges will blanket-deny any fee requests, where the certification of services is not included in the initial notice of motion or cross-motion. Just IMO.
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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
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Original Message:
Sent: 03-20-2015 14:08
From: Eric Hannum
Subject: Affidavit of Services - Reply Cert
Hello Listmates;
Initially plaintiff was representing herself but retained counsel to file her Reply Certification. Contained in the Reply Cert is a long list of requested relief along with a request for fees and costs and my adversary's Affidavit of Services is also attached in an attempt to take an end run around the fact that there was no request initially made when client was pro se.
Does anyone know of the Rule or a Case that stands for the proposition that the Affidavit should have been filed with the Motion and cannot come after the fact. I am going to write a letter to the judge requesting that she not entertain the Reply since it inappropriately contains a laundry list of requested relief but I was hoping to also derail the affidavit with more than the fact that the request for fees and costs was contained in the plaintiff's Reply.
TIA,
Eric Hannum
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Eric Hannum Esq.
Jackson NJ
(732)370-9596
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