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An amended pleading is a revision of a pleading filed in an action. It is re-filed by the party who filed the original pleading and takes the place of the original pleading for all substantive purposes. After re-filing, any subsequent motion made by an opposing party is directed at the amended pleading.

There are four steps to respond to the complaint. Create an Answer document. Answer each issue of the complaint. Assert affirmative defenses. File one copy of the Answer document with the court and serve the plaintiff with another copy.

If you receive a Motion to Dismiss or a Motion for Summary Judgment, you must respond no later than five business days before the motion is set for a hearing.

Leave to amend is refused when there has been excessive delay by the parties in filing the suit. Application of Amendment is refused when it changes the nature of the disputes. The court will not grant application of amendment of pleadings if it is made with mala fide intention.

If a summons is not served within thirty (30) days after its issuance, it shall be returned with the reasons for the failure to serve stated thereon.

Under Tennessee Rule of Civil Procedure 8, Tennessee follows a liberal notice pleading standard, see Leach, 124 S.W. 3d at 92-93, which recognizes that the primary purpose of pleadings is to provide notice of the issues presented to the opposing party and -4- Page 5 court.

i. Text of Rule 12.01: A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against such party shall serve an answer thereto within thirty (30) days after the service upon him or her.

An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.

A party may amend the party's pleadings once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been set for trial, the party may so amend it at any time within fifteen (15) days after it is served.

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.