I'm representing myself in a notice of motion on a divorce case. I filed the notice along with a supporting affidavit in support of contempt of court. My ex-husband lied at the divorce hearing and I want to add more evidence that I have uncovered since filing the notice of motion paperwork in February, before the court date on march 31, 2017, is there a form that I can submit to the broome county clerks office in Binghamton, NY,?
There is not a form. You have two options. You can withdraw the motion and revise and resubmit it or, if appearances are required on March 31 (which may or may not be so--motions are usually on papers unless the court directs otherwise, although pro se's seem to think "return date" equals "appearance"), you can ask the court's permission to supplement your submission. If granted, your ex will be given a chance to supplement his response as well.
BTW, a "notice of motion" is not the motion. The motion is the entire packet of papers. The "notice" is only the first piece of paper, that tells everyone what you want, what papers you are basing it on, and when the court will consider it. A motion is comprised of a notice, affidavit(s) and/or affirmation(s), and exhibits. So you are nor representing yourself in a notice of motion; you are representing yourself on a motion.
I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.
Make a motion for leave to file a supplemental affidavit, explaining, briefly, the reasons and the material, and attaching the proposed affidavit and exhibits.
You can file and serve an amended notice of motion and affidavit. This may cause the motion to get adjourned to give you ex a chance to respond.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
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