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  • Quick Question on Exhibits

    Can one go back to amend an affidavit once it has been served and filed?

    I am just going through an affidavit I was served by the opposing party and found that the exhibits referred to in his affidavit do not match up with the exhibits he attached.

    Could he have served me a different version of what he filed in court?

    If he realizes he has made a mistake/mistakes, can he then retrieve the affidavit from the continuing record and make the appropriate amendments before our appearance in court next week?

    I was under the impression that once everything is filed (especially if one is adhering to filing deadlines) you can not resubmit another affidavit to replace the one that was submitted Or amend it in anyway?
    Last edited by Nadia; 08-11-2012, 04:07 PM.

  • #2
    I believe this applies to this as well, the documents we submit (Application in my case) my lawyer indicated they are not always perfect - corrections or additions can be made later on. In my case I was in medical turmoil and my head was going in circles. My lawyer decided at one point that it had to be submitted to get things going if I ever planned on getting divorced. I did my best, so did my lawyer - he has told me that the two lawyers are in agreement that I am having medical issues which is making this very hard to get done - the court has been advised and all parties are understanding that things take longer for me - much longer it seems..... but we will get there.

    So direct to your point - things can be changed/updated but it is not meant to be after the fact (ie you are now before the judge and continuing to verbalize the error for example - you are free at that point to submit your materials to establish the truth) End of how my lawyer explained this issue to me.

    I was told here though, you do not take back your submitted document - you need to submit a document that corrects the error or ommision which then updates the first.

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    • #3
      Oh ok. But I am assuming one would have to have reasonable grounds to make amendments after filing their materials?

      I mean one couldn't stand up in court and state, "I filed an affidavit last week but forgot to proof read/include/check everything before it was served and filed. I would like to make the following amendments/additions to what I originally swore to as the truth"

      If this was allowed, surely there would be no end of amendments being made in at motion hearings to affidavits and financial statements.

      I've not seen this done myself, but the affidavit I received was a real mess to say the least. I've spent the better part of today trying to make sense of it.
      Last edited by Nadia; 08-11-2012, 09:39 PM.

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      • #4
        this I think is common, or so the lawyer said. He actually got real mad at me for me over picky but he said to reply to her 20 page document of lies was going to cost 5 grand..... but he did cruze over the better stuff - for him to understand what she is, a desperate lying B that paid how much for her lawyer to ...... her money. My lawyer really used it to our advantage at the CC with his brief that her lawyer fell for full line and sinker - her lawyer is not up to speed or is just plain outmatched (still early though).

        BUt I go to bed every night and as I lay my head down onto my pillow I pray that the facts will come out, we will be able to prove the truth well enough and I will never have to live in a motel again - EVER! This move (her BS drama queen running up to the kids and lying to them, then the police, then with her being the aggressor all this time I got arrested - I never planned that, I never thought she would stoop so low but as someone once said, "You never know the person you slept in the same bed for 25 years untill they are backed into the corner and without paddle!" Sorry I ramble on. good luck with self rep, I wish my health would allow me - so much money is wasted.....

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        • #5
          Originally posted by Nadia View Post
          Oh ok. But I am assuming one would have to have reasonable grounds to make amendments after filing their materials?
          I think it would depend on the judge's definition of "reasonable grounds", related to the issue(s) in question.
          In my case, the other party's lawyer had interchanged the words Applicant and Respondent in a couple of paragraphs in her original Answer. She filed a motion to be heard at July CC (and included a notice of consent for me sign) to have the mistakes corrected.
          I was ready and willing to sign it but the judge unilaterally ordered it without any input from me.

          FWIW...The mistakes had the Respondent asking to pay all my court costs and be responsible for all access pickups and dropoffs.

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          • #6
            LOL. Wouldn't it be nice for the Applicant to get the applicant/respondent mixed up and request (insist) that the Applicant pay for all the costs!

            Years ago, my lawyer picked up a really big mistake in the draft consent order compiled by the opposing party's lawyer. It stated that "sole custody would be awarded to the Applicant/father." We were informed that it was a last minute typo.
            Last edited by Nadia; 08-11-2012, 11:47 PM.

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            • #7
              In my case, the other party's lawyer had interchanged the words Applicant and Respondent in a couple of paragraphs in her original Answer. She filed a motion to be heard at July CC (and included a notice of consent for me sign) to have the mistakes corrected.
              I was ready and willing to sign it but the judge unilaterally ordered it without any input from me.
              It is an administrative issue. Mistakes in affidavits can be fixed by further affidavit. If it is a typo or other clerical error the court will not prejudice a party, particularly if they correct it within a reasonable time frame.

              Comment

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