XI. L. Motions and Amendments to Legal Documents

Effective 10/1/80

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XI. L. Motions and Amendments to Legal Documents

Effective 10/1/80

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PURPOSE

1.	The original court document is the official court record and must contain the correct information on which the court is to act or has acted.

2.	Amendments may be brought to correct information.

3.	Motions may be brought to request subsequent court action.

PRACTICE CONSIDERATIONS

1.	The most common reasons for amendments are:

a.	Insufficient or incorrect information on original document (e.g., names, addresses).

b.	Necessary change in method of service.

c.	Change of hearing date because of insufficient time for proper service.

2.	Checking facts and time frames and carefully filling out original documents will avoid confusion and duplication of effort.

3.	Other motions are brought to request:

a.	A continuance.

b.	Alteration of a current court order.

c.	Additional court action, e.g.,

(1)	Change in Preliminary Protection Order

(2)	Court ordered examination.

d.	A review, if a time was not set at the time of the Child Protection Order.

4.	If a Preliminary Protection Order is needed while a petition is pending, a new petition will be filed, with the new evidentiary facts, rather than a motion.

PROCEDURES

1.	Contact Assistant Attorney General (AAG)to discuss the content of the motion.

2.	Follow-up with memo describing:

a.	Current wording

b.	Changes needed, and reasons for them.

3.	Although the Assistant Attorney General is responsible for drafting the Motion, clarity from the social worker will simplify the process.

4.	Depending on the complexity of the change, the Assistant Attorney General may recommend that the social worker present the motion to the court.

5.	Service of Motions will probably be needed; check with the Assistant Attorney General.

6.	Amended documents will be processed by the court and by the Department in the same manner as original documents. Usually the amended document will be stapled over the original. (See Routing of Legal Documents, Subsection V)