I had a motion dismissed on a technicality (the judge’s own words). The type of motion that I filed should have been accompanied by an affidavit in order to verify it.
I have since refiled the same exact motion (changing only the dates) and with a notarized affidavit. It has been put on the calendar.
My question is this. I have read in NC Rules of Evidence #11 that a verified motion must include the address of the person who has made the motion. I did not include my address, not having read this at the time. Of course I do not want to have this dismissed on a technicality again, so my question is about the address. Can I “add to” the motion and the verifying affidavit? That is, can I go back to the courthouse and file an amendment to that affidavit, something that will indicate it is to comply with the need to verify including the address? It’s not that the opposing side does not have my address. They do, but they do not want this motion to be heard, of course. They were successful having it dismissed last time, without prejudice, and as the judge said only by a technicality.
The affidavit that I filed with the motion just reiterated what was in the motion to begin with, along with a statement that it is all true to the best of my knowledge and recollection.
SHOULD I file something to amend that to include my address, even though they already have it? Would a judge be likely to dismiss again without the address being included on the affidavit?
I hope that’s clear enough. It’s certainly been a real problem on my my end and I think I am describing it right. I was not told that I must file something with my address, but I found this while looking at the Rules Of Evidence myself.