Celebrating 10 years! 2007-2017

amend a motion?

paralegal submitted the wrong version of a report with my mo legalbeagle02/21/18
Can't speak for new York, but check the rules of civil proce thirdtierlaw02/21/18
That's a good idea to point out what was changed. I would d jeffm02/21/18
Call it an errata jorgedeclaro02/22/18
If the error can wind up becoming an appealable issue, defin trollfeeder02/22/18
At least where I am I’d do a Notice of Errata briefly expl jgm6402/27/18
In California I always suggest to Amend. You do not want to cocolawyer02/28/18
legalbeagle (Feb 21, 2018 - 4:33 pm)

paralegal submitted the wrong version of a report with my motion. return date is coming up. should I submit an amended motion? a letter to the court? this is in NY. not sure how to make sure the judge sees the right one.

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thirdtierlaw (Feb 21, 2018 - 4:49 pm)

Can't speak for new York, but check the rules of civil procedure. In my state you file a "Amended Motion..." and it's the exact same motion with the slight change. I typically attach a coverletter that explains what was amended so that the judge won't need to read the same motion twice and it makes it easier for opposing counsel as well.

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jeffm (Feb 21, 2018 - 5:44 pm)

That's a good idea to point out what was changed. I would do that in the 1st paragraph of the amended motion instead of a cover letter.

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jorgedeclaro (Feb 22, 2018 - 10:30 pm)

Call it an errata

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trollfeeder (Feb 22, 2018 - 10:49 am)

If the error can wind up becoming an appealable issue, definitely amend. Sending a letter to chambers will not become part of the record.

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jgm64 (Feb 27, 2018 - 5:18 pm)

At least where I am I’d do a Notice of Errata briefly explaining it was the wrong version and you’ve attached the correct one. My concern is waiving privileges so I’d leave it at that.

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cocolawyer (Feb 28, 2018 - 2:11 pm)

In California I always suggest to Amend. You do not want to lose your case based upon a technicality. The devil is in the details.

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