How Does a Court Examine an Exhibit Attached as Evidence in Suppot of a Motion?
The answer will depend on all the facts and documents involved. If you attached the brochure as an exhibit, but did not make specific reference to the language it contained as evidence in support of your argument, it is possible for the court not to have given weight to the brochure. For example, if you stated, “see attached Exhibit A”, as opposed to quoting the language of the brochure that supported your argument and “see Statement of Policy, paragraph 9, page 3”, the court may not have been able to determine the particular language in the brochure that was supposed to support your argument.
When arguing a motion to the court, it is best to make it as easy as possible for the court to decide in your favor. Laying the facts out as clearly as possible and requiring the court to do as little legwork and sifting through evidence as possible is recommended.