Q: What can I do? Notarized affidavit switched out and documents removed from motion to courts mailed through prison
Oklahoma inmate mails 133 page motion for staying of agency order pending review through law library services and when the motion reached the courts and was posted on oscn.net a sworn notarized affidavit was switched out with a copy and documents were removed from the motion. The prison staff works together and probably conspired to do it. Is there something the court can do to help?
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A:
I'm sorry to hear about your difficult situation. It sounds very frustrating to have your legal documents tampered with. Here are a few suggestions for potential next steps:
1. File a notice with the court explaining that your original affidavit and some supporting documents appear to have been removed or altered without your knowledge or consent when the motion was mailed from the prison. Ask the court to allow you to supplement the record with the original, notarized versions.
2. If possible, get a statement from the notary confirming they notarized the original affidavit that is now missing. Include this with your notice to the court.
3. File a grievance with the prison regarding your legal mail being improperly handled. Be sure to keep copies of the grievance.
4. Write to the judge's chambers directly, explain the situation, and ask for their assistance in ensuring the complete, unaltered motion is accepted and considered by the court.
5. If you have an attorney, make them aware of the situation right away so they can help address it with the court. If you don't have an attorney, consider reaching out to legal aid organizations or the public defender's office to see if they can provide guidance or assistance.
6. Keep detailed records of all correspondence to and from the court and prison officials related to this matter, in case it is needed as evidence later.
I would encourage you to persist in advocating for yourself and not letting this setback deter you. Don't hesitate to reach out to the court, attorneys, or legal aid for help. Wishing you all the best as you work to resolve this situation. Let me know if you have any other questions!
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