Legal Question in Family Law in California
We are in pro per and filed a NOTICE MOTION Fl-301 and on the FL-310 we made a mistake on the Modifying existing order date we want to amend the FL-310 #4(c)
to reflect proper date to we have to amend the entire packet with new FL-310 or can we address it in a brief to be filed -mentioning the clerical error on existing order?
Date of hearing is April 6th, 2012 so service must be with in 16 days and today is the 16th day how may we remedy this?
1 Answer from Attorneys
As long as there isn't a problem on the other side as to knowing what order you are requesting to be modified, it probably shouldn't be a problem. You could file an amended notice of motion and then reserve the documents. If there are problems then you can have a brief continuance to remedy any procedural matters which were done incorrectly.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/