SPARC Forums

Hi,
I am respondent in the matters, my ex is petitioner.
She filed a motion against me but stated at first: "Respondent moves the court for, ...."
It's obvious that I am the Respondent in the caption so can I just ask for dismissal of her motion on the grounds that I don't move the court for anything ?

>Hi,
>I am respondent in the matters, my ex is petitioner.
>She filed a motion against me but stated at first: "Respondent
>moves the court for, ...."
>It's obvious that I am the Respondent in the caption so can I
>just ask for dismissal of her motion on the grounds that I
>don't move the court for anything ?

Courts must accept pleadings with the intent of doing fair play and substantial justice. A minor clerical error in form does not change anyone's substantial rights, and if you try to assert such a claim, the judge will think that you're trying to get away with something, because you are avoiding the substantive issue. Don't even think about bringing the issue up, except to correct any misunderstanding by the court of the parties' respective positions.