Error in Papers Served on Respondent

This is a discussion on Error in Papers Served on Respondent within the Civil Litigation forum, part of the ATTORNEYS, COURTS, LITIGATION category; I am taking my ex-husband to court for contempt on multiple parts. I cannot afford a lawyer and so have ...

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Old Jul 22nd, 2009, 10:36 PM   #1
ggandersen
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Default Error in Papers Served on Respondent

I am taking my ex-husband to court for contempt on multiple parts. I cannot afford a lawyer and so have completed the ppwk and process myself. I followed the process and had him served with "Order to Show Cause, Motion for Contempt, Affidavit, etc. Now when I am getting ready to file the originals with the court, I discover I missed one crucial step and did not fill in the court date on the Motion for Contempt, but it was on the Order to Show Cause. How can I fix this- do I have to? Do I have all papers re-served? Can I mail an addendum? Do I have him re-served with just the "Motion for contempt.



I consulted with two online legal sites and got two conflicting answers:



1. You will need to serve him with the amended document. He will need to get the exact document(s) you filed with the court. The file stamp should be the same on what he has and you have. Since you are serving him you might as well include all the documents



2. So long as the court date was on the Order to Show Cause, there is no need to take any further action. Your ex has been provided with appropriate service and notice.
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Old Jul 23rd, 2009, 02:42 PM   #2
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Default Re: Error in Papers Served on Respondent

Technically it should be reserved but since you are pro se and if the court knows he has notice, the court may let you proceed,
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