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  • Amending a motion

    The ex and I had a motion date set for mid Feb.
    It turned out that there was too much stuff to go through in a short motion date.
    The judge ordered us to come back on the next "long motion" date.
    That date was determined a few weeks ago and is coming up on May 17th.
    Tonight I got served with an "amended" motion.
    This new motion document now adds a ton more other "stuff" to the mix.
    Can she do this?
    On the original motion date, she filed a motion and I counter motioned.
    Now I have to deal with a new set of issues?

  • #2
    Its called a cross claim. Your entitled to a Reply Affidavit to rebut their position and don't forget your Factum in support for the long motion.

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    • #3
      Logical
      Perhaps I don't understand or I did not make myself clear on the original post

      She filed a motion that was to be heard in Feb.
      I filed a cross motion.
      On the day of the motion the jugdge said that there was too much to go through and we needed a long motion and asked me to provide a factum on the issue I had cross motioned on.

      We now have that date set for two weeks.
      Last night she served me with an "amended motion" and supporting affidavit asking for additional relief over and above her original motion.

      In the judges endorsement on the Feb date he says that I am to file a factum and she can respond.

      Is she allowed to file an "ammended" motion when we already have issues that the court will hear?
      Should she not be filing a separate motion request for the additional relief being sought?

      Comment

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