Saturday, February 28, 2015

I know that a civil complaint with picture exhibits attached to it, have a Exhibit "1" page divider, then the picture exhibit itself in the ...

Question

I know that a civil complaint with picture exhibits attached to it, have a Exhibit "1" page divider, then the picture exhibit itself in the page after it, in back of the complaint.

But I wanted to know, rather than putting the picture on the exhibit page, in the back of the complaint, can I just instead put the picture exhibit in the complaint, in the cause of action, in between the paragraphs, which would take about 1/3 of the page, about 7 lines of space?

Is there a CRC, CCP, case laws against this?



Answer

You don't put exhibits in a complaint unless they are required by law, such as contracts or surety bonds. "A complaint or cross-complaint shall contain ... a statement of the facts constituting the cause of action in ordinary and concise language." (Code Civ. Proc., sect. 425.10.) Your complaint should contain a statement of facts, not pictures. The purpose of your complaint is to advise the court and opposing parties of your factual claims and whether or not you have a cause of action that can proceed to trial. It is not a substitute for trial and is not a vehicle for proving the facts you allege.



No comments:

Post a Comment