Complaint-Contract: A Complaint begins a lawsuit by stating the basic facts of the case and why you feel you have been harmed. In particular, this a Complaint to be used in an action involving a contract.
Complaint-Contract: A Complaint begins a lawsuit by stating the basic facts of the case and why you feel you have been harmed. In particular, this a Complaint to be used in an action involving a contract.
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If you file a Cross-Complaint, you have to let the cross-defendant know formally that you are suing. This is called "service." You have to have all papers "served" on every party in the lawsuit. You cannot serve the lawsuit yourself. It must be served by someone who is not a party to the action, at least 18 years old.
If something is struck from the complaint, the plaintiff may be able to file an amended complaint to fix an issue. If a defendant wins a motion to quash service of summons, the plaintiff may be able to serve them properly at a later date.
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.
Timing. 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.
A pleading may be amended ?once by the party of course, and without costs, at any time before the answer or demurrer is filed,? or before the hearing on the demurrer. Amendment is made by filing the pleading as amended and serving a copy on the adverse party.