20+ day waiting period: From the day the respondent is served with the amended petition, the respondent has until 10 a.m.If you file your amended petition before the deadline to file an answer has passed, the following waiting periods apply: If you have questions, use Ask a Question to chat online with a lawyer or law student, or use the Legal Help Directory.įiling an amended petition can start the clock over on any waiting periods. In this case, you must notify the respondent by sending them a copy of the amended petition by registered or certified mail, return receipt requested.ĭetermining whether your amended petition needs to be served by a constable, sheriff, or private process server can be complicated, especially if you are trying to finish your case by default. But you do need to give the respondent notice that you filed an amended petition.
If the respondent has filed an answer, it is generally not necessary to have a new citation issued and served.
#MOTION TO RETURN FILED DOCUMENTS FOR CORRECTION HOW TO#
If this situation applies to your case, read How to Serve the Initial Court Papers (Family Law) and follow these steps: However, it is necessary to serve an amended petition by a constable, sheriff, or private process server if the respondent has not filed an answer. As a general rule, only the initial paperwork needs to be served by a constable, sheriff, or private process server.
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