I have a show cause hearing to attend in February. It is with respect to past due alimony. I have been properly notified and received a copy of the show cause motion. The attorney who represents my spouse also sent the calendaring request which was properly filled out and filed as far as I can tell.
The problem is however the attorney did not properly sign and date the calendaring request in that he dated it for 2014 instead of 2015. I assume the court clerk should have caught this mistake but did not.
My question: As I assume all legal forms must be properly executed would this be grounds to request a dismissal and/or continuance of the show cause hearing?
If so, would the Judge hearing the show cause motion be obligated to dismiss/continue said action or could he simply allow the attorney in question to correct the error on the spot?
I cannot afford an attorney so hope one will answer this simple question.
Thanks
Answer
The motion will be allowed to go through. Clerical errors will not be a reason to prevent it.
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