Notice of Errata-fix declaration error

[Arlene]

Jurisdiction

California

It has come to my attention that the wording in my declaration on my filed request for order-FL-300 form is incorrect. I said something was approved when in fact it needs to say it is pre-approved. I am asking the court to appoint an elisor to sign a document on my ex's behalf as he is being uncooperative. I also attached an "Exhibit" (the pre-approved QDRO) but mistakenly didn't mark it as an exhibit. I simply just attached it behind the FL-300 form.
I have NOT served my Ex yet. Since this has to do with a QDRO the court self help center is of no help. Am I correct to think that I need to submit a Notice of Errata with the court explaining and correcting my error? If so, is there a special form for filing a Notice of Errata? Also, would I submit a whole new attachment (the pre-approved QDRO) and mark it as "Exhibit A"? I Know, I know...I should seek legal representation, but I did this during my divorce and it took 5 years ,all of my money and lots of frustration.

 

[army judge]

What EXACTLY are you trying to achieve?

 

[Arlene]

My Ex's signature. Both of us need to sign the pre-approved QDRO before submitting to the court for the judges signature. So, I'm requesting an elisor sign on my ex's behalf. A 50/50 split of my ex's pension was a stipulation in our divorce with the understanding that a QDRO would need to be prepared.

 

[army judge]

Usually every county court will have local rules for specific, unique motions, an elixir motion would be an example of such a motion.

San Diego County requires the following:
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http://www.sdcourt.ca.gov/pls/porta...O ATTORNEYS AND SELF REPRESENTED LITIGANT.PDF
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More on point, this article explains how to properly prosecute an Eliot motion:
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QDRO elisor
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http://www.courts.ca.gov/documents/fl300.pdf
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[Arlene]

I did follow the county courts local rules for filing the order. I made a mistake on the wording in the declaration that I would like to correct, and also I forgot to mark the prepared QDRO as a Exhibit. Perhaps I'm overthinking things and can just explain this to the judge at the hearing.

 

[army judge]

I did follow the county courts local rules for filing the order. I made a mistake on the wording in the declaration that I would like to correct, and also I forgot to mark the prepared QDRO as a Exhibit. Perhaps I'm overthinking things and can just explain this to the judge at the hearing.

I get it now.
Yes, that's usually how it's done.
If not, the judge will let you know, and more than likely give you time to correct it.
As reported in the article, recalcitrant people often agree to sign once they learn the penalties a judge can impose.

 

[Arlene]

So would you recommend just waiting until the hearing instead submitting a "Notice of Errata"
correcting my error before the hearing? Thank you so much to responding to my post.

 

[army judge]

If you want to cover all your bases, most pro se litigants are very cautious, do both.

It might not be required, but filing "notice of errata" can't hurt.

You're welcome, please let us know how things progress.

 

[Arlene]

Ok... Is there a special court form I need to use to do this?

 

[army judge]

Ok... Is there a special court form I need to use to do this?

There might be.
I suggest you call the court clerk for the judge where you'll be appearing and ask if there are any special rules, forms, or format for filing (and noticing the other party) an errata.

While you're at it, I'd also ask if its even necessary, in that in my experience it can be addressed via oral motion on the record in open court.

However, all judges weren't created, nor do they behave, equally/consistently.
I'm hoping the clerk says it can be done by oral motion the date of the hearing.
Make sure you memorialize the name of the person, date, and time that you made the call and received the instructions.

 

[Arlene]

Just thought I would post an update. I called the court clerk and was told I could just make an oral motion at the hearing.

 

[army judge]

Just thought I would post an update. I called the court clerk was told I could just make an oral motion at the hearing.

That's what I usually do.
Glad you'll be able to do it, too.