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Ely
Ely, Counselor at Law
Category: Criminal Law
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If I submit a document to the Court and its stamped and marked

Resolved Question:

If I submit a document to the Court and its stamped and marked as evidence in a case, can I alter that same piece of evidence say 3 months later. For example, a financial affidavit?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me.

What document is being submitted? Are you the Defendant? Is this a criminal case? Why does it need to be amended?
Customer: replied 1 year ago.

This was a Divorce trial.


 


It was a financial affidavit and the Judge flipped out when you "thought" I altered the existing affidavit I submitted.


 


My ex asked the clerk for the copy that was on file: altered it, and resubmitted it back. I protested vigorously.


 


The judge ordered that new financial affidavits be filed. I complied the ex just altered the original. The original was submitted 6 months prior.

Expert:  Ely replied 1 year ago.
J,

No. One cannot take an existing affidavit copy from the court, alter it, and then re-submit it as an "updated" affidavit. While this is technically a new submission, it "smacks" of questionable behavior.

If the Court asks for a new financial affidavit, one must be done from scratch. If the Judge notices or is told that the new affidavit is simply the one already submitted with few modifications, the Court is not going to be happy, I am afraid. The party that does this would have to explain, because it looks very "iffy" this way.

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87601
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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