Arkansas Sample Letter for Plaintiff's Motion for Leave to File a Supplemental Memorandum

State:
Multi-State
Control #:
US-0871LTR
Format:
Word; 
Rich Text
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Court's Name] [Court's Address] [City, State, ZIP Code] Re: Case Name: [Plaintiff's Name] vs. [Defendant's Name], Case No: [Case Number] Dear [Judge's Name], I hope this letter finds you in good health and high spirits. I am writing as the attorney representing the plaintiff, in the aforementioned case. I hereby request your honor's permission to file a supplemental memorandum to address newly discovered evidence and to strengthen the plaintiff's case further. Background: Provide a concise summary of the case, outlining relevant facts, arguments, and legal precedents. Include important dates, court proceedings, and key issues presented in the case. Ensure clarity and coherence for the judge to easily understand the case's context. Purpose of the Supplemental Memorandum: Clearly state the purpose behind presenting a supplemental memorandum. This memorandum is necessary to address new evidence or unexpected developments that have arisen after the initial filing of the plaintiff's motion or memorandum. Emphasize how this additional information will bolster the plaintiff's case and assist in achieving justice. Highlights of Newly Discovered Evidence: List and explain the new evidence that has come to light clearly. Elaborate on how this evidence was discovered, its relevance to the case, and how it supports the plaintiff's position. It is crucial to establish the importance and reliability of such evidence to convince the judge of its necessity in considering the case. Analysis and Legal Argumentation: Outline the legal arguments that will be presented in the supplemental memorandum. Connect these arguments to the new evidence and demonstrate their impact on the case's merits. Cite relevant statutes, precedents, and legal authorities that support the plaintiff's position. This section should provide a compelling and persuasive argument for the judge to grant permission to file the supplemental memorandum. Request for Permission: Formally request the court's permission to file the supplemental memorandum. Respectfully ask the judge to grant leave to file the supplemental memorandum within a reasonable time frame. Indicate your willingness to promptly provide copies to opposing counsel and court officials once the permission is granted. Conclusion: Reiterate the importance of the supplemental memorandum in enhancing the plaintiff's case. Express gratitude for the court's attention to this matter and convey your commitment to a fair and just resolution. Should your honor require any additional information or documents, please do not hesitate to contact me. I assure your honor that I will comply with all procedural requirements and will strive for an expeditious and effective resolution of this case. Thank you for your time and consideration. Sincerely, [Your Name] [Your Designation] [Law Firm's Name, if applicable] [Law Firm's Address, if applicable] [City, State, ZIP Code]

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The proper practice is to submit a motion for leave to file a supplemental brief at the same time that the brief is submitted. The motion should briefly outline why the issue was not in the opening brief and its significance to the case. The brief will not be filed without permission of the Presiding Justice. (Cal.

A motion or application for leave is a motion filed with the court seeking permission to deviate from an established rule or procedure of the court.

For example, if a plaintiff files a complaint but later discovers new evidence that supports their case, they can file a supplemental pleading to include that evidence. Another example is if a defendant files an answer but later learns of a new defense, they can file a supplemental pleading to add that defense.

A defendant making a motion to dismiss must do so before filing an answer or other responsive pleading, and the motion is generally due when the defendant's answer would have been due (see FRCP 12(b)Opens in a new window).

The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.

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Arkansas Sample Letter for Plaintiff's Motion for Leave to File a Supplemental Memorandum