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Old 10-20-2015, 06:32 AM
Trix Trix is offline
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Default Amending Form 14A Affidavit

Months ago I filed a Motion to Change (Form 15) along with a supporting Form 14A.

Prior to our first appearance, we attempted mediation. First appearance and Case Conference dates were cancel. The mediation process subsequently failed.

I have now re-attended the courthouse and have a new first appearance date scheduled.

No response was ever filed by the other party in regards to my initial Motion.

There is information that I want to add to my Form 14A, which I believe is only required moving towards a case conference.

My understanding is that I can amend the existing affidavit up until such time that a response is received to the original, after which time it is a slightly more complicated matter. So, for ease, it would be most efficient to have the affidavit updated prior to even advising the other party of the new of the first appearance. Due to time constraints relating to the 30 days notice, this will be extremely difficult.

So my questions are

1. is my understanding of the Form 14A amendments accurate?

and, by extension,

2. is it essential to have the From 14A updated prior to providing notice of the First appearance, or can I update it after?

Many thanks,
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Old 10-20-2015, 11:08 PM
Kinso Kinso is offline
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If you've already filed your affidavit you can file another one with the new information. You cannot amend your affidavit.

What you're thinking about (in terms of changing what you've filed before they file a response) is a Form 8 Application and/or Form 15 Motion to Change. You can amend your Application / Motion to Change if they haven't filed a response without their permission or leave of the court.
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