Great info, thank you so much for sharing. My question is if a Complaint can be and should be amended before service to defendants.... or the defendants are entitled to see the original Complaint? Thanks again for all your help.
Hi. Plaintiff can amend their complaint before defendant is served with it. See F.R.C.P. 15 (a)(1)(A), which: "allows a party to amend their complaint as a matter of course within 21 days after serving it." www.law.cornell.edu/rules/frcp/rule_15
@@advocatelucinda First, thank you so much for your input. I am not sure how the amended complaint has to be served; therefore, my idea was to file it with the Court before the defendants get served with the initial Complaint, them serve them at once the Complaint and the Amended Complaint. Do you see anything wrong with this plan? Second, I am watching all your videos now. I love your message, the way you are delivering it, and your awesome personality!!! Thank you so much for everything you do!!!
@@petervrinceanu2769 Whatever your preference, be sure to follow the Rules. F.R.C.P. 5 covers Serving and Filing Pleadings and Other Papers. F.R.C.P. 15 covers Amended and Supplemental Pleadings. Best.
What if I want to dismiss against the party who sought 12b, do I need to still reach out to defense in order to seek leave to amend? I missed the 21 day period and two of the party sought 12b. I have re-examined the law, sovereign immunity here in VA, and I don’t think that I can go after the dept without it becoming a bigger issue. I want to add the individual officer instead and pursue my complaint. I am pro se. The county has reached out seeking to schedule a dispositive hearing. I don’t have a meeting with the dv legal advisor for another week. I want to respond as soon as I can. I just didn’t know what my next move should be. I am asking for clarification rule 21 about adding and dropping parties in multiparty litigation and how it applies in a situation in which one is seeking leave to amend.
Regarding amendments, F.R.C.P. 15(a)(2) provides: "Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." Regarding adding or droping parties, F.R.C.P. 21 provides: "that misjoinder of parties is not ground for dismissal of an action, and that parties may be dropped or added by court order on motion of any party or of the court's own initiative at any stage in the action and on such terms as are just. Best.
I’m a plaintiff and have a question. I sue my last landlord but it got dismissed for not stating my complaint but I did another one and stated my complaint then the defendant answer with a dismissal. I then did a amendment now the judge set a dismal hearing. What else can I do
The defendant filled an notice of removal from state to federal court in my personal injury lawsuit the defendant has yet to file a responsive pleading to my original complaint can I still amend my complaint under rule 15 a b despite the notice of removal so that i may add an defendant
Under F.R.C.P. 15, a plaintiff can amend their complaint as a matter of course or by leave of court. I would think that the district court would need to acquire jurisdiction over the case to entertain a motion to amend. Read 28 USC 1446 that governs the procedure for the removal of civil actions.
The civil cover sheet and complaint are filed together. Here it is: file:///C:/Users/User/OneDrive/Documents/Civil%20Rights/Research/CivilCover_PDF.pdf
What if the court has already granted the defendants motion to dismiss? Can I still request to amend my complaint using FRCP 15? I have 14 days to object btw
Hi. If the Court granted defendant's motion to dismiss and you disagree, you can appeal the decision or file a motion for reconsideration. Make sure your local rules allow for a motion for reconsideration. What is it that you have 14 days to object to?
Hi. I believe you are referring to this video: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-d_gUqCyCLP0.html Also, here's a video on how to respond to the motion to dismiss: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-7oTa5-dBtEY.html Best.
This is a tough question. I was wrongfully arrested over a civil matter not a criminal one. The city denied me due process in what was a highly politically charged arrest. the court locked the doors to the courthouse preventing the public access to do any business on the day of the trial....it wasn't enough to lock the courtroom doors. I was removed and sequestered in an empty courtroom. the prosecutor ran the entire trial w/ no one at the defendant's table. Six people found no one at the d. table guilty of a misdemeanor charge. question......in my complaint I wrongly stated a fact....i was arrested. really i was falsely arrested. is it possible to amend my complaint to say i was "allegedly" arrested or is there no getting around it that it must stay in place? thank you!
Hi. Read your local jurisdictional rules regarding amending. In addition, if the lawsuit was filed in federal court, read Federal Rules of Civil Procedure 15. Best.
@@advocatelucinda thank you. the case is in state court...i know how to amend...however, the defendant stated i was trespassed by police....actually there were a bunch of people in front of him...he did NOT investigate to know who was in the store claiming a "disruption of business' (not masking) and just made a blanket statement. i was not in the store w/ the group of people who had been in there shopping .....before i arrived at the store. i claim police lumped me in...a case of mistaken identity....but the manager falsely claimed I was trespassed by police when I know the police failed to investigate....and he couldn't know i was not part of the group that did the event. see the confusion?
@@catlover-fo1jy In discovery, you will have an opportunity to obtain information and documents to refute the accusations against you. And, you'll get an opportunity to present evidence. Hang in there.
@@advocatelucinda if I get that far.....they filed an anti-SLAPP motion (must be filed within 60 days of initial complaint filing). The judge is rendering her decision as we speak. My issue is.....getting my evidence authenticated and admit-able.
