Q: Can the plaintiff ask for their case to be cleared or thrown out due to many inefficiencies and errors in Affidavit?
Meaning since the initial preliminary hearing petitions, depositions, and legally submitted documents that the court clerk allowed. Had the plaintiffs name incorrectly spelled for more then for almost 2 years. Also, the children in question that were twins, there birthdays were constantly different. Isn't that kind of professional huge mistake should be looked at and not just changed by the plaintiff who lawyer asked them to read the affidavit and tell them what is incorrectly said or spelled within it. This is the acute submitted legal paperwork that was given to everyone in the case.
A:
In theory, yes, you can file a motion to dismiss, perhaps for failure to state a claim or lack of jurisdiction over the parties due to errors in their names. You could also try a motion for summary judgment, showing that the pleadings are factually wrong.
But faced with the sort of errors you describe, the judge will almost certainly allow the plaintiff to amend in order to correct those errors. A judge would also probably begin seeing you as a problem defendant and overly litigious, which is probably worse than being prone to the sort of errors you are talking about.
If there an important error in the pleadings, then you should probably work with the Plaintiff to get those errors fixed. If it isn't important, then you should ignore it.
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