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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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I am pro per. My ex (Petitioner) has an attorney. We just had

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I am pro per. My ex (Petitioner) has an attorney. We just had trial on the community business for our divorce case and the judge has taken the ruling under submission. I just realized that I made a mistake in my testimony. At one point in the trial, my ex's attorney asked about business revenue for 2011/2012 and I gave him the revenue numbers for 2012/2013. What should I do? Just promptly write a letter explaining the mistake and submit it to the family court and cc her attorney? Or contact her attorney first before doing anything?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What was the issue in the case which you were testifying about when you provided the revenue numbers? Would your mistake potentially change the outcome of the case on this issue?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

The issue was the value of the community business. In trial it was the typical case of dueling expert accountant witnesses. The date of separation and date of valuation is 2010, so you could say that my goof on 2011/2012 revenue doesn't have any relevance. But, maybe a judge looks at the following couple years and that plays a part in their decision. I don't know. So I should probably just say that yes, it could potentially change the outcome of the case on this issue.

Hello again, Jon.

Assuming the documents containing your revenue numbers were admitted into evidence, your mistake during testimony is highly unlikely to change the outcome of the case given that the mistake did not involve the year in question.

However, just to be on the safe side and to adequately preserve the record should an appeal be necessary, you could file a motion for reconsideration if the court rules against you based on the mistaken testimony, citing your mistake during testimony with regard to the revenue numbers. Opposing counsel will likely oppose the motion and the court is not likely to grant it, but it would preserve the record for an appeal and notify the court of your inadvertent mistake.

Here is a link to the applicable rule providing for this type of motion:

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!


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