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Colorado Simple Motion to Amend Complaint and Notice of Motion

Category:
Civil Procedure - Complaints - Amendments
State:
Multi-State
Control #:
US-01061BG
Format:
Word; 
Rich Text
Instant download
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Description

According to Rule 15 of the Federal Rules of Civil Procedure (FRCP), a party may amend the party's pleading 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 placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.


Most states have adopted these procedural rules for state action in one form or another.

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FAQ

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.

Colorado Rule of Civil Procedure 121 § 1-15(8) provides: Duty to Confer. "Unless a statute or rule gov- erning the motion provides that it may be filed without notice, moving counsel and any self-represented party shall confer with opposing counsel and any self- represented parties before filing a motion.

Duty to Confer. The motion shall, at the beginning, contain a certification that the movant in good faith has conferred with opposing counsel about the motion. If the relief sought by the motion has been agreed to by the parties or will not be opposed, the court shall be so advised in the motion.

PLEADINGS AND MOTIONS. (a) Duty to Confer. Before filing a motion, counsel for the moving party or an unrepresented party shall confer or make reasonable good faith efforts to confer with any opposing counsel or unrepresented party to resolve any disputed matter.

Rule 21 - Misjoinder and Nonjoinder of Parties. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.

121 § 1-15(8) states that "[m]oving counsel shall confer with opposing counsel before filing a motion." At the outset of this action, the Court now provides the parties with its interpretation of this rule, so that the parties will have a clearer understanding of their duties in the event they decide to file motions as ...

Rule 21 - Misjoinder and Nonjoinder of Parties. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.

Within 21 Days After Pleading is Filed If the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it any time within 21 days after it is filed. CRCP 15 (a) (amended eff 9/5/13).

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