The general rule of motion practice, which applies here, is that new evidence is not permitted with reply( papers.” Jay v. Mahaffey, 218 Cal.App.4th 1522, 1537 (2013). Declarations submitted with a reply should not address the substantive issues in the first instance but should only fill gaps in the evidence created by the opposition. Id at 1538. It is error to accept new evidence in reply because the opposing party is not given the opportunity to respond to it. (Alliant Insurance Services, Inc. v. Gaddy (2008) 159 Cal.App.4th 1292, 1307-1308); litigants are required to present their evidence and argument with their moving papers.
The general motion practice regarding Santa Barbara Divorce Law entails: (1) Request For Order, served 16 court days before the hearing; (2) Opposition, served 9 court days before the hearing; (3) Reply, served 5 court days before the hearing.
If you would are going through a Santa Barbara divorce, and need a Santa Barbara Divorce Lawyer, call Morales Law today for a consultation. (805) 422-7966