Arkansas Motion for Leave to Amend Complaint to Conform to the Evidence

State:
Multi-State
Control #:
US-02525
Format:
Word; 
Rich Text
Instant download

Description

This form is a model motion to amend the complaint to conform to the evidence. A complaint may not always include all possible allegations covered by evidence presented at trial, and courts often allow the complaint to be amended to conform to the evidence.
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FAQ

Rule 4 - Summons and Service of Process (a)Issuance of Summons. Immediately on the filing of the complaint, the clerk shall issue a summons to the plaintiff or the plaintiff's attorney, who shall deliver it for service to a person authorized by subdivision (c) of this rule to serve process.

Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative ( ...

Rule 4 - Appeal; When Taken (a) Time for filing notice of appeal. Except as otherwise provided in subdivisions (b) and (c) of this rule, a notice of appeal shall be filed within thirty (30) days from the entry of the judgment, decree or order appealed from.

Rule 5 - Record; Time For Filing (a) When filed. The record on appeal shall be filed with the clerk of the Arkansas Supreme Court and docketed therein within 90 days from the filing of the first notice of appeal, unless the time is extended by order of the circuit court as hereinafter provided.

Rule 4 of the Federal Rules of Civil Procedure provides that service on a defendant can be accomplished either through ?personal service? of a complaint and summons or mail service through a procedure called ?waiver of service of summons.?

A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 20 days after service of the amended pleading, whichever period is longer, unless the court otherwise orders. (b)Amendments to Conform to the Evidence.

Amend- ed pleadings allow the party to add claims, parties, or defenses based on facts that occurred before the original pleading was filed. Supplemental pleadings allow the party to add claims or defenses based on facts that occurred after the original plead- ing was filed.

Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.

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Arkansas Motion for Leave to Amend Complaint to Conform to the Evidence