Just to have the most obvious explanation on record here, many lawyers will fuck around with their spellcheck over time, as legal language will throw off regular checkers. It’s possible this wasn’t the word that was intended, but also one that either got auto-corrected by a lawyerly spell-checker or was not recognized as a misspelled word when being checked.

Besides annoying the judge a bit, I doubt using “fictious” instead of “fictitious” is going to be a death-blow to Trump’s case. Misspellings tend to be bad when they allow ambiguity, but I don't think anyone is confused about what the intended word was supposed to be here.

Just to have the most obvious explanation on record here, many lawyers will fuck around with their spellcheck over time, as legal language will throw off regular checkers. It’s possible this wasn’t the word that was intended, but also one that either got auto-corrected by a lawyerly spell-checker or was not recognized as a misspelled word when being checked.

Besides annoying the judge a bit, I doubt using “fictious” instead of “fictitious” is going to be a death-blow to Trump’s case.