Imagine that you filed your eviction, you took it to the courthouse, you signed all the necessary paperwork, and a week later you realize, “Oh, no… I put the wrong address for the property in question. I meant to put 123 Maple Street, but I put 123 Oak Street.

Well, that’s a problem. And it’s not something that you can just fix at Trial. If you have filed something in error, and you need to amend your petition, you need to go down to the courthouse, and file that amendment with the Court.

Remember that the process is only about 21 days from Filing to Trial, so act fast. If the lawsuit has already been delivered to the defendant, that new amended petition will have to be delivered to the defendant prior to Trial. And that resets, probably, as soon as you can get an eviction Trial.

By rule the Tenant is allowed at least 6 days of notice of the petition that will be heard at Trial before the Trial is heard. For example, if the Tenant got their first petition, they’re set for Trial in one week. Three days later you amend that petition. And there’s no way the amended version of your petition can be heard in the next four days because there’s no way to give notice under the rule to the Tenant in time to make that happen.

So, while that notice will go out, the Tenant will be allowed an extension of time. That original Trial setting is going to be reset by the Court, and you can expect a delay. A temporary reset is better than having to start the entire process from the beginning.

But it’s better that you fix the petition than show up to Court and say, “Oops… Can the Court do that?” – Sure. – Is it proper? – No, it’s not. So, if the matter is appealed, and the County Court sees that you requested in your petition possession of a totally different property that your Lease doesn’t even mention, then – Case Dismissed.

So, you’re much better off waiting a few extra days than going through potentially months in a process just to be told you have to start over because you wanted to save a few days. It’s not worth it. File your amendment, and get that in before the original Trial. It’s going to make things much better for you and prevent many more headaches down the line.

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