Legal Question in Family Law in Utah

What to do in case of procedural mistake?

I filed a motion to disqualify a judge, a memorandum in support of that motion, and an affidavit of bias. The opposing attorney in his opposition asserted that I had not followed the proper procedure, claiming that I did not file an affidavit. After not understanding for a while what the opposing attorney meant I realized that on the certificate of service I forgot to put down that I had sent a copy of the affidavit, only noting that the motion and memorandum were sent. I sent the affidavit, and he did actually receive it, so what should I do to repair the oversight on the certificate of service?

Thank you


Asked on 9/30/04, 9:57 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: What to do in case of procedural mistake?

Send a new certificate of service showing the true date the affidavit was sent. Send another copy of the affidavit along. Send copies to the court.

Read more
Answered on 9/30/04, 10:20 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Utah