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I made a typo on my FL410 I submitted to court. Is there a…

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I made a typo on...
I made a typo on my FL410 I submitted to court. Is there a form / process I can put into action or do I need to dismiss and refile?
Submitted: 8 years ago.Category: Family Law
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Answered in 4 minutes by:
6/28/2010
Family Lawyer: Tina, Lawyer replied 8 years ago
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified

You need to file a motion to amend the pleadings and attach the proposed corrected pleadings. If the defendant has not yet answered, you could simply refile the petition and have it served on them without having to file a motion requesting permission from the court.

 

 

Best regards XXXXX XXXXX

Tina

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Customer reply replied 8 years ago
If the defendent has already answered (via an attorney) can I still file the motion? If so, which form would that be?
Family Lawyer: Tina, Lawyer replied 8 years ago

There is no form for the motion. You would need an experienced paralegal to assist you in drafting the motion to amend.

 

Good luck to you.

 

 

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Customer reply replied 8 years ago
Since my case date is 19 July 2010 and I just received the defendents P&As, would it be in my best interest to refile? Does double jeopardy attach?
Family Lawyer: Tina, Lawyer replied 8 years ago

Double jeopardy does not attach in civil cases. You could file a motion to dismiss, but the court would have to grant that motion before you could refile and you would have to pay a new filing fee. It would be better to file a motion to amend in my opinion.

 

Take care.

 

 

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Customer reply replied 8 years ago

Once the motion has been written and filed, when will I know if the court accepts my motion?

Family Lawyer: Tina, Lawyer replied 8 years ago

You will also file a notice of hearing after getting a date from the clerk of the court. The court will not rule on it unless there is a date set.

 

 

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