[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Re: Plaintiff's Motion for Leave to File a Supplemental Memorandum Dear [Recipient's Name], I hope this letter finds you in good health and spirits. I am writing on behalf of the plaintiff in the aforementioned case, and I am seeking your favorable consideration for a motion requesting leave to file a supplemental memorandum in support of our legal arguments. I kindly ask that you accept this letter as our formal submission. I. Background and Rationale: To begin, it is crucial to provide you with a concise overview of the lawsuit and our motives for requesting leave to file a supplemental memorandum. The plaintiff, [Plaintiff's Name], has initiated legal proceedings against the defendant, [Defendant's Name], in the Circuit Court of [County Name], South Dakota. The underlying dispute pertains to [briefly summarize the legal issue or nature of the case]. Throughout the course of this litigation, new evidence has been uncovered and substantial case law has emerged that substantially supports the plaintiff's claims. As a result, it is imperative for the court to have the most comprehensive and accurate information possible to ensure a just outcome. Our motion for leave to file a supplemental memorandum seeks to present this newfound evidence and legal analysis, which we believe will greatly bolster the plaintiff's case. II. Legal Basis: Under [South Dakota Code section], our request for leave to file a supplemental memorandum is justified. The code explicitly grants the court the authority to allow for supplemental memoranda in circumstances where exceptional circumstances exist or new issues arise after the initial memoranda deadline. In this instance, numerous exceptional circumstances have emerged, warranting the filing of a supplemental memorandum to ensure a comprehensive understanding of the case. III. Discovery of New Evidence/Development of New Legal Arguments: Since our initial submission of the last memorandum, we have obtained crucial new evidence that was previously unknown or inaccessible. This evidence includes [briefly describe the nature and significance of the new evidence]. Furthermore, recent legal developments and rulings in relevant cases have highlighted legal arguments that significantly support the plaintiff's position. These arguments include [provide a summary of the newly developed legal arguments]. IV. Potential Prejudice to the Defendant: We acknowledge and understand the importance of adhering to court deadlines and the potential prejudice that supplemental memoranda may cause to the defendant. However, it is vital to note that the evidence and legal arguments presented in the supplemental memorandum directly respond to the defendant's recent filings and address the evolving legal landscape. Granting leave to file a supplemental memorandum will further the interests of justice, ensuring a fair and comprehensive consideration of the case. V. Conclusion and Relief Sought: In light of the aforementioned circumstances, we respectfully request that the court grant our motion for leave to file a supplemental memorandum. Doing so will enable the court to access the most recent and relevant evidence, as well as benefit from the evolving legal analysis, ultimately promoting a fair and just resolution of this case. Thank you for your attention to this matter. We trust that your equitable consideration will lead to a favorable ruling on our motion. Please do not hesitate to contact me should you require any further information or clarification. Sincerely, [Your Name] [Your Title]
South Dakota Sample Letter for Plaintiff's Motion for Leave to File a Supplemental Memorandum
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How to fill out South Dakota Sample Letter For Plaintiff's Motion For Leave To File A Supplemental Memorandum?
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FAQ
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 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.
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.
