Amend a motion


#1

The clerk will not set your hearing, you will need to set it on your own. You should refile the correct motion for a default judgment and then follow the pro se directions for setting the divorce hearing.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I left out a sentence in the motion about “not requesting a hearing” and telling the defendant to respond" on the motion for a default judgment. How will I know if the judge will consider the motion? The motion is placed in my file and in the computer at the court house, but I haven’t seen any other action. Should I go ahead and amend the motion or wait a little longer for something from the judge or clerk? I’m pro se. The attorney and defendant made several procedural mistakes themselves are they going to be let off the hook because I left out a sentence? Their mistakes occured during process of their answer and counterclaims. Any ideas.