Arkansas Agreed Order Amending Complaint - Personal Injury

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Multi-State
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US-PI-0179
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Description

This form is an agreed order which permits the plaintiff to amend his complaint by striking one defendant from the complaint and substituting another.

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FAQ

- No restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the judge deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained.

This rule (a)(1) is designed to simplify prior Arkansas law by providing for the issuance of a preliminary injunction or temporary restraining order without notice only where it appears that irreparable harm or injury will or might result. In all other instances, notice of such application is required.

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.

After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial, timely filed, for a reason not stated in the motion. In either case, the court shall specify in the order the ground therefor.

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.

Every order granting an injunction and every restraining order must: (A) state the reasons why it issued; (B) state its terms specifically; and Page 3 Rule 65 (C) describe in reasonable detail ? and not by referring to the complaint or other document ? the act or acts restrained or required.

Explore the concept of the relation back of amendments, which allows an amended pleading to ?relate back? to the date that the original pleading was filed, which often comes up when an amended pleading is filed after the statute of limitations for a claim has passed.

Rule 65 of the Federal Rules of Civil Procedure governs injunctions and restraining orders. It sets specific requirements for two types of orders that courts may issue before a full trial on the merits: preliminary injunctions and temporary restraining orders (TROs).

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Arkansas Agreed Order Amending Complaint - Personal Injury