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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100986
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am drafting the response to a recent motion for

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I am drafting the response to a recent motion for modification on an original SAPCR Child resides with me, NCP and has for over 2 years. We reside in a separate county than where the original order was finalized. I have already filed a motion to transfer.
On my response and counter-petition, I have the following questions: 1.) Second paragraph, titled JURISDICTION. I am adding this to my special exceptions. I have the verbiage under the main special exceptions titled, "Subject to and without waiver of her motion
to transfer venue,". Do I need to add it to every special exception? 2.) In general, with my special exceptions, do I need to ask for something or leave that up to the petitioner to figure out? I have stated why the pleading is in error/untrue but do I need
to tell them what it should be corrected to?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
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1.) Second paragraph, titled JURISDICTION. I am adding this to my special exceptions. I have the verbiage under the main special exceptions titled, "Subject to and without waiver of her motion
to transfer venue,". Do I need to add it to every special exception?

While there is no hard and fast rule, it is best to do so when in doubt.
2.) In general, with my special exceptions, do I need to ask for something or leave that up to the petitioner to figure out?
No, the Respondent wants to ask for a remedy from the Court for each special exception.
I have stated why the pleading is in error/untrue but do I need
to tell them what it should be corrected to?

I am afraid that untruths generally cannot fall under special exceptions. Special exceptions are reserved for things like ambiguous language, or, or, not sufficiently identify the facts and basis supporting Petitioner's allegations.
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