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I am a Pro Se Litigant. I filed an affidavit in opposition…

I am a Pro...

I am a Pro Se Litigant. I filed an affidavit in opposition and a Cross Motion in Response to an OSC. I filed on time and included all the necessary information - however in the caption I wrote "Affidavit in Opposition and other requested relief via Defendant's Cross Motion" instead of formally writing the words "Notice of Cross Motion" In the first paragraph I wrote Please take Notice.... the undersigned respectfully (1) Opposes the Order To Show Cause.... and (2) hereby brings this Cross Motion set herein.... The Attorney for the Child said she did not see my formal notice of cross motion - will this technical defect render the cross motion invalid?

Lawyer's Assistant: Family law varies by state. What state are you in?

New York City

Lawyer's Assistant: Have you talked to a lawyer yet?

I'm Pro Se - I've had 5 lawyers - I cannot afford a lawyer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No - Just want to be prepared before I appear in front of the Judge on Wednesday - Can CPLR 2001 be implemented to correct the defect

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Answered in 14 minutes by:
1/8/2018
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 676
Experience: Attorney with over 25 years experience
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Hello. I will try to assist you. No, it will not make your notice or cross-motion invalid since you have it in the body of the pleading. However, if you want to clarify, you are entitled to file and "Amended" pleading. In other words, "Amended Affidavit in Opposition, Cross-Motion and Notice of Cross-Motion" in the title and in the first paragraph.

Hope that helps.

Please be sure to accept my response and post a positive rating.

Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 676
Experience: Attorney with over 25 years experience
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