Transpose defendant name

Discussion in 'Use of the Law Forum & News' started by Blessed liberty, Apr 14, 2016.

  1. Blessed liberty

    Blessed liberty Law Topic Starter Guest

    Greetings, I'm the plaintiff in the matter of a civil complaint for violation of title vii. I accidentally transpose the defendants name due to the right the sue notice spelling. Summons and complaint certificate of counsel all sereved filed with transpose spelling. Defendant now has stated erroneously defendant named and is appearing under it subsidiarity entity. My question is what should I do. 1. Request the Court to use the proper spelling or have I made a critical error? Thank you
     
  2. mightymoose

    mightymoose Moderator

    Messages:
    10,425
    Likes Received:
    1,569
    Trophy Points:
    113

    Problems like this are pretty easy to fix. You should be able to sort this out at the clerks office pretty easily.
     
  3. army judge

    army judge Super Moderator

    Messages:
    30,413
    Likes Received:
    4,134
    Trophy Points:
    113

    You might be required to file a motion to amend your complaint or filing.

    If you're litigating this matter in federal court it can be very tedious.
    Federal courts and judges are sticklers for proper civil procedures, especially as regards pleadings.

    State courts are far more tolerant in general, but try to be very accommodating to pro se litigants. In state courts you can sometimes simply correct the pleading by crossing out the error (or whiting it out), insert the corrected ext, and initial same.

    Federal courts work with pro se litigants, but aren't as accommodating as state courts.

    If you're in federal court your legal authority is FRCP Rule 15(ca).
    That's the authority under which you're framing your argument to change or correct an error, such as JOHNSON, not JOHNSEN,
    or 123 MAIDEN ROAD, not 321 MAUDEN LANE.


    If you're in federal court maybe these examples will help:

    "Amendment Of Pleadings" Defined & Explained

    http://www.wnd.com/files/cairmotiontoamend.pdf

    http://causeofaction.org/assets/uploads/2013/07/ECF-No.-23-Motion-to-Amend-Complaint.pdf

    http://www.americanbar.org/content/...s_papers/elst/outten_raisner.authcheckdam.pdf

    http://www.baylor.edu/content/services/document.php/240212.pdf
     
  4. Highwayman

    Highwayman Well-Known Member

    Messages:
    1,746
    Likes Received:
    512
    Trophy Points:
    113

    Considering how difficult this was to read it's no surprise that you messed up the complaint. I wonder what other errors you made. You may wish to consider seeking legal counsel.