This form is a sample motion used by the plaintiff in a personal injury action requesting permission from the Court to amend the complaint in order to add addtional parties and to increase the amount of damages sought.
Arizona Motion for Leave to Amend Complaint - Personal Injury
State:
Multi-State
Control #:
US-PI-0039
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Motion For Leave To Amend Complaint - Personal Injury?
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FAQ
? the leave sought should, as the rules require, be ?freely given.? Of course, the grant or denial of an opportunity to amend is within the discretion of the District Court, but outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely ...
Rule 41 - Motion to Dismiss (a) Request for Dismissal. A plaintiff may request the dismissal of a protective order at any time during the term of the order. (b) Verification of Identity. When a plaintiff files a motion to dismiss, court personnel must verify the plaintiff's identity.
The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would unfairly prejudice that party's claim or defense on the merits.
(1) Generally. A party may serve process outside Arizona, but within the United States, in the same manner as provided in Rules 4.1(d) through (j). (2) Who May Serve. Service must be made by a person who is authorized to serve process under the law of the state where service is made.
Unless excused from doing so by the party or attorney serving a subpoena, by a court order, or by any other provision of this Rule 45, a person who is properly served with a subpoena must attend and testify at the date, time, and place specified in the subpoena.
However, a Plaintiff can file an amended complaint at any point in a case, even after the trial has concluded. If a Plaintiff wishes to amend a Complaint after the 21 day as a matter of course period, she must either a) get the defendant to agree to the amendment, or b) file a motion with the Court to get permission.
If no cause of action has been stated but the court believes there may be more facts that will enable the plaintiff to state a cause of action, the court sustains the demurrer "with leave to amend," in which case the plaintiff can restate his or her case in an amended complaint.
The State's disclosure obligation extends to material and information in the possession or control of any of the following: (1) the prosecutor, other attorneys in the prosecutor's office, and members of the prosecutor's staff; (2) any law enforcement agency that has participated in the investigation of the case and is ...