Q: In a protective order case can a motion to correct a clerical error be filed at anytime?
Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that review hearing so he refused to hear the case. Calling the clerk to see what time review would be held the clerk said that hearing had been marked off due to procedure when transferring a case. But the hearing was held and a default judgment was made. Its long been past 60 days, but can that motion be brought at anytime like new evidence and subject matter jurisdiction can? Does title 22-60.3D void the judgment since venue has to be wherever a pending custody case is. ?
A: You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.
A: I suggest you contact an attorney in the county where the default judgment occurred and they will be able to assist you. Good Luck!
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