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Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

State:
Multi-State
Control #:
US-01531BG
Format:
Word; 
Rich Text
Instant download

Description

A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Under the amendment of the initial sentences of the subdivision, a defendant as a third-party plaintiff may freely and without leave of court bring in a third-party defendant if he files the third-party complaint not later than 10 days after he serves his original answer.

Rule 19 states that a party is necessary to a lawsuit when one of two conditions arise: (1) the party must be present in order to award complete relief, or (2) the party has an interest in the action so that his or her interest cannot be represented and protected without that party appearing in the lawsuit.

What is Third Party Defendant? A party who is sued by the original defendant and brought into the case on a theory of being responsible to the defendant for all or part of the claim made by the plaintiff.

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.

A motion to amend a complaint is a request to the court to change the original court filing documents. It means to change the basis for the case in some way. A motion to amend a complaint is the formal way of asking the court for permission to change the original complaint.

Generally, you can amend a motion. You have to serve the amended motion to the other party, and the other party will get more time to answer.

The person or entity who will benefit from a lawsuit or petition even though the plaintiff (the person filing the suit) is someone else (often called a "nominal" plaintiff).

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Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest