Verifying a motion

North Carolina Divorce Law Divorce and Separation Answers
1

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.

Thank U

2

Rule 11(b) of the North Carolina Rules of Civil Procedure does not require a party to include his or her address on the verification.

3

Thank you for clearing that up. Reading laws and rules makes for some difficult reading, as I’m sure you know.

Can you tell me this, then? Exactly what is the purpose of verifying a motion? What kind of information should go into this affidavit? I included mostly just the information alleged in the motion, but in the motion, I used a bulleted list. In the affidavit, I wrote it out in paragraph form and included a few other facts. I also included a statement that it is all true to the best of my knowledge/recollection.

Is this sufficient to verify the motion? And what is the purpose of verifying a motion?

Thank U once again for all of your help.

4

Domestic filings must be verified, or sworn to, give the sensitive nature of the issues. The verification need only say that you, as the movant, have read the motion and that the contents are true based upon your own knowledge, and that any allegations stated upon information and belief are as you believe them to be. What you have included in your motion is sufficient.

5

Thank you, once again. Invaluable help.

6

You are very welcome! I wish you the best.