"Messed up" on pro se motion to clarify, what can I do?

[72264kids]

"Messed up" on pro se motion to clarify, new details

What is the name of your state? Jurisdiction is in Florida, but I reside in VA

Hi,

I recently filed a motion to clarify an existing final judgment on a petition to modify visitation.

I feel that I might have screwed up in two ways, and definitely screwed up in one way.

I still need to pick up the ball on this whether or not my screwup on my motion to clarify is insurmountable.

The mistake that I "might" have made was as follows:

I did not serve the copy my motion on the other party, I sent it via certified mail, but here is what gave me the impression that I could:

http://www.jud6.org/RepresentingYourself/Commonly asked for/Motion to or for local form.pdf

To make things even more complex, the other party has refused to accept that certified mail.

Does anyone know if sending a motion via certified mail is enough in Florida? I "think" that it is but could not find anything in the Florida Rules of procedure that specifically stated that it was or wasn't.

The mistake that I "definitely" made is as follows:

When I affirmed on my motion that I sent a copy of that motion to the other parent I specified the other parties' incorrect address.

I specified their address as follows:

Name: Their Name
Street Address: Their correct Street Address
Their City, State, and Zip: My address, not theirs.

I know that I screwed up, but I am trying to find the easiest way to dig out of this. I would like to know if there is anything that I can do before the judge grants or denies my motion.

Should I just wait to see what happens?

Thanks

 

[72264kids]

Well my mistake "may" not have been as bad as I thought.

I spoke with the clerk and got some useful information.

In the court's jurisdiction, it is ok to send a motion to the other party via certified mail so that is not a problem.

Additionally the judge automatically grants an order if he grants my motion to clarify.

Finally, the clerk, without looking at my case, indicated that I could file an amended motion to clarify.

So in theory, the judge may grant it all if he does not notice the mistake in the address.

However, if the other party doesn't get my motion or notices the wrong address, I would figure that the other party would have a pretty strong defense to say that they weren't notified of the order.

Any ideas on any of this? Should I wait to see what the judge does or file an ameded motion to modify?

What if my amended motion to modify gets there too late?

Thanks

 

[weenor]

Well my mistake "may" not have been as bad as I thought.

I spoke with the clerk and got some useful information.

In the court's jurisdiction, it is ok to send a motion to the other party via certified mail so that is not a problem.

Additionally the judge automatically grants an order if he grants my motion to clarify.

Finally, the clerk, without looking at my case, indicated that I could file an amended motion to clarify.

So in theory, the judge may grant it all if he does not notice the mistake in the address.

However, if the other party doesn't get my motion or notices the wrong address, I would figure that the other party would have a pretty strong defense to say that they weren't notified of the order.

Any ideas on any of this? Should I wait to see what the judge does or file an ameded motion to modify?

What if my amended motion to modify gets there too late?

Thanks

Too late, will totally depend on the relief you requested in your motion as to whether the judge will want a hearing. In that case you will need to amend and send to the correct address. File an amended one with the correct address. If you asked the judge to fix a typo, it is unlikely that would care about the incorrect address or a hearing. If you are asking the judge to reconsider his decision, then that's another matter.

 

[72264kids]

Thank you for your response, but it totally lost me.

A few questions:

If the judge doesn't want a hearing and grants the order/motion then do I still need to amend? (I didn't ask for a whole lot in my motion to clarify) so it is likely that he may grant my motion without a trial. (The judge has a good history of granting my motions without trial.)

Do I amend before I find out what on earth the judge is going to do?

From what I see below, if the judge does ask for a hearing then should I only amend at that time?

You say it is unlikely the judge will care about a typo. Does that mean that I could send him a letter directly addressing that typo?

Should I wait to see what the judge does?

Thanks for your help, and I apologize for the lack of comprehension.

 

[GrowUp!]

Thank you for your response, but it totally lost me.

A few questions:

If the judge doesn't want a hearing and grants the order/motion then do I still need to amend? (I didn't ask for a whole lot in my motion to clarify) so it is likely that he may grant my motion without a trial. (The judge has a good history of granting my motions without trial.)

Do I amend before I find out what on earth the judge is going to do?

From what I see below, if the judge does ask for a hearing then should I only amend at that time?

You say it is unlikely the judge will care about a typo. Does that mean that I could send him a letter directly addressing that typo?

Should I wait to see what the judge does?

Thanks for your help, and I apologize for the lack of comprehension.

You should probably play it safe and amend it with all correct information.

In regards to the service, in addition to Certified Mail, also send it first class-regular mail at the same time. Make sure to note BOTH TYPES of service on your amended Cert. of Service. So, if he doesn't pick up the Cert mail (which many don't), at least he'll still be served via regular mail and it's presumed to have reached him if it's not returned. Then he can't play the "I didn't get it" card. Well, he could, but your Certificate of Service will indicate two types of service.

Also beware of advice from the Clerks office as they are not to give you legal advice and anything they tell you, you should take with a grain of salt.

 

[Gracie3787]

Well my mistake "may" not have been as bad as I thought.

I spoke with the clerk and got some useful information.

In the court's jurisdiction, it is ok to send a motion to the other party via certified mail so that is not a problem.

Additionally the judge automatically grants an order if he grants my motion to clarify.

Finally, the clerk, without looking at my case, indicated that I could file an amended motion to clarify.

So in theory, the judge may grant it all if he does not notice the mistake in the address.

However, if the other party doesn't get my motion or notices the wrong address, I would figure that the other party would have a pretty strong defense to say that they weren't notified of the order.

Any ideas on any of this? Should I wait to see what the judge does or file an ameded motion to modify?

What if my amended motion to modify gets there too late?

Thanks

Did you put the CORRECT address on the envelope that you mailed to ex by certified mail?

Do you have the card from the Post Office showing that delivery was attempted?

If the answer to both those questions is yes- you do not have to do anything. Although you mistakenly put your city state and zip on the motion, as long as you can prove that the motion was mailed to the correct address and that the PO attempted delivery you have done what you are supposed to legally.

If the only reason you want to file an amended motion is to change the city, state, and zip on the affirmation section, I highly recommend that you not amend. The more papers that are filed, the more confusing it will be in court to get the important facts out.

The court clerk is correct- a MOTION can be served by certified mail but a PETITION must be served by a process server. BTW- did the PO send the envelope back to you along with the card? If so, make sure to bring it to court also.