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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I filed the motion in NJ and was told I did not need an oral

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I filed the motion in NJ and was told I did not need an oral argument. I received notice from the court yesterday that my motion for emancipation and enforce plaintiff's college obligation was denied without prejudice. The court says I failed to include my separation agreement and if I file a new motion to include this paperwork. Does that mean I have to do the entire thing over again or do a new motion and include the new paperwork that was missing only or all of it?
Hi

Thank you for your question and I will be the Pro providing you information today

You do not have to do it all over. You only need to attach the Separation Agreement to a copy of the Motions you have already filed and then re serve the other party with the Cert of Service showing it has been refiled.


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Customer: replied 3 years ago.

ok so I do not have to attach my certification and exhibits again for the motion that was denied, only a copy of the motion with the new attachments? Do you know I would have to pay $30 filing fee again? Also do I include the notice to litigants form again?


Thanks


 

Hi

Thank you for the follow up

I stated you need to attach the certification. I did not know there were exhibits. Yes they have to be included as well as your Separation Agreement. I was not aware there were exhibits.

I suggest that it would be a total refiling and yes, you would need a filing fee. The matter was dismissed but you can refile.

So take it from the top and refile it all again - with the Separation Agreement attached in addition to all other exhibits and your Certification of Service


I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
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