This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Affidavit Motion Amend For Merit In Oakland
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State:
Multi-State
County:
Oakland
Control #:
US-00003BG-I
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FAQ
The affiant must take the oath highlighted in the affidavit voluntarily. If the court discovers evidence that the affiant signed unwillingly, under pressure, or coercion, they may consider the oath invalid and the affidavit inadmissible in court proceedings.
Definition: A motion to alter or amend the judgment is a request made by a party to the court to correct a mistake in the judgment. This mistake could be a mistake of law or fact. The motion must be filed within ten days after the judgment is entered. It is not used to correct clerical errors in the judgment.
Take the sworn affidavit to a lawyer or notary public, preferably the lawyer or notary who executed the affidavit. When you're in front of the lawyer or notary, correct the mistakes on the affidavit in pen (cross out the incorrect information and write the correct information).
Errors in personal information, such as a wrong name or address, often require correction to prevent complications in transactions or official records. A notarized affidavit for correction officially documents these changes. This process ensures that entities such as banks and government agencies accept the updates.
You will need to go back to the court where your order was issued and file modification forms. There will probably be a new hearing on the issue. You may also want to consult with an attorney to see if filing for a modification is appropriate under the circumstances of your case.
Providing false information in an affidavit can lead to legal consequences, including penalties for perjury.
Once you've sworn your affidavit, it's done. With one exception — for typos, discussed below — the only way you can fix a mistake in that affidavit or add additional information to it is to make a new affidavit.
Basically, you can amend the complaint once as a matter of right. But you must do it before the defendant files a responsive pleading. Or you must do it before the due date for an opposition to a demurrer or motion to strike.
(A) Responses to all motions, except those listed in subparagraph 2(A) below, must be filed within 14 days after service of the motion. (B) If filed, a reply brief supporting such motion must be filed within 7 days after service of the response, but at least 3 days before the motion hearing.
Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.