Get Form Sdsc Civ 48

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

Tells the court that you had the other party served legal papers by mail. Lists the papers that were served and tells when and where the papers were served, as well as who served them.

An answer may be amended once without leave of court within ten (10) days after the answer was filed, or if there is a demurrer to the answer, amendment without leave of court may be made before the demurrer hearing. Amendment as a matter of right is made by filing and serving the amended pleading.

When the party that has to be served lives out of state, papers can usually be served by sending a copy of the paperwork to be served to that party by first-class mail, postage prepaid, and return receipt requested. The person who mails the papers must be at least 18 and NOT a party to the case.

A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.

The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.

An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court. All alterations must be initialed by the court or the clerk.

Furthermore, section 430.41(e)(1) limits the number of times a pleading may be amended. No complaint or cross-complaint may now be amended more than three times in response to a demurrer, absent a showing of additional facts demonstrating a reasonable possibility that the defect can be cured.