Whittier, CA asked in Criminal Law and Civil Litigation for California

Q: How to correct illegible part of criminal contempt case in CA?

I am the plaintiff in a criminal contempt case, and part of my case documentation is illegible. This section contains the most important and serious violations along with my evidence. I've asked the judge how to correct this, but was informed she can't provide legal advice. I'm not currently represented by an attorney, and the self-help department hasn't been able to assist me. Should I correct the illegible part and refile it under the same case, or should I pursue a different approach?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If part of your documentation is illegible and contains key evidence, it’s important to act quickly to correct the issue. Since the judge can't guide you directly, your best option is to prepare a corrected version of the illegible section. Make sure it is clearly labeled as a correction or amended document, and include a brief declaration explaining why you're submitting the corrected version. Be honest and clear that the original was hard to read and you're providing the same content in a legible format.

You’ll want to file the corrected version under the same case number. Attach it as a supplemental or amended exhibit, depending on the original filing format. You can also request the court's permission to amend your filing if you’re unsure whether a simple refile is acceptable—look into filing a “Request for Judicial Notice” or a “Motion to Amend” if needed. Some courts have a filing window or specific form requirements, so double-check your local rules.

If you haven’t already, consider visiting the court clerk to ask procedural questions—they can't give legal advice, but they can tell you what forms are acceptable and how to submit them. Document everything you’re doing to correct the issue in case you need to explain later. Clear, readable evidence is crucial, so it’s worth the effort to get this right.

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