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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118253
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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When you do an affidavit for a CA court, where do you put the

Resolved Question:

When you do an affidavit for a CA court, where do you put the names of the parties involved, court case number, the court (Is that the court's name - what about address), title of document( what does that mean)?, and , it says, other specific info? These affidavits are in reply to declarations describing my behaviour. I have proof that they have lied and I am getting affidavits from people that he says this witnessed . For instance, he says that I never worked during the marriage. I am getting my social security wage record which proves that I did. He said that I was not invited to my 1/2 brother's wedding due to my bad behaviour. I am getting an affidavit that shows that none of the other sibllings were invited because the wedding was so far away and none of us could afford to go. Do i just attach the evidence or is how should it be done? May I use the CA general affidavit? How does one submit thisto the court if you don't have a lawyer? Do I need to send copies to my husband's lawyer? Ido not have alwyer
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
The document should look something like this:

STATE OF CALIFORNIA (centered)
(NAME OF THE COURT) (Centered)
Name of petitioner (left)
"petitioner"(left)
v. (left) case number (right)
Name of respondent (left)

Title of document ("Affidavit of name") (centered)

Then a bulleted list of the statements:for example

1. My name is XXXXX XXXXX address
2. I am of sound mind and of lawful age.
3.... each fact one per number.

Signature and then notary.


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Customer: replied 6 years ago.
Hi, I think you missed some of my questions or I have not found the full answer. Please look at my request again. Also is there a time period to respond to my husband's declarations or can I just submit this and we use them as ours? I did have a lawyer and he did not tell me to respond. He did nothing just told me G won't agree to that. How do I set up my own court dates? AT a welfare court hearing where they are trying to get child support from him, for me, I believe, may I bring up other issues, like spousal support, money to moveout of a house that will be foreclosed on, etc?
Expert:  Law Educator, Esq. replied 6 years ago.
Sorry for missing some of the other questions.

1) You can attach the evidence to the affidavit and in the numbered statement pertaining to that evidence you would end the statement with "evidence of this is attached as exhibit X"

2) Using the general affidavit for this is not quite a good fit and it is generally best to come up with your own affidavit which gives you much more space.

3) You need to file an "Objection" to his motion, and attach the affidavits to the objection (you would need to either go to the self help desk for assistance with that or go to the local court library and ask for the form book).

4) You file the original objection with the clerk of court together with the affidavit and exhibits attached. You mail a copy of everything to the other party's attorney. On your original motion you put a "certificate of service" statement which states you mailed the copy with the attachments to the attorney (his name and address) and the date you sent it and you sign that statement.

5) You need to respond within 5 days of any hearing to be held.

6) The clerk will set the case and you would ask the clerk to do so. His motion will be set and your objection is heard at the same time.

7) You would have to file a separate motion for the spousal support and the other issues if they were not raised in his original motion and the court will hear those separately.,

I will tell you like I tell so many customers, the courts are going to hold you to the same standard of an attorney, so you will need to get a book on civil procedure and evidence and become very familiar with this if you plan on proceeding on your own. It is never really recommended to go pro se in these matters and it is usually a recipe for disaster and if you cannot afford an attorney you need to try legal aid and calling the state bar for the pro bono attorneys in the area who can assist you.
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