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Florida Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

Category:
Civil Actions - Judgment Corrections
State:
Multi-State
Control #:
US-01531BG
Format:
Word; 
Rich Text
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Description

A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

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How to fill out Motion To Amend Or Correct Judgment To Include Additional Party Defendant As Real Party In Interest?

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FAQ

In its origin the rule concerning the real party in interest was permissive in purpose: it was designed to allow an assignee to sue in his own name.

The "real party in interest" must also sue in his own name. In many situations, the real party in interest will be the parties themselves (i.e., plaintiff and defendant).

A real party in interest is the person or entity who has the right to bring suit even though someone else would ultimately benefit from the suit if it is successful.

FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.

Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.

Parties of interest means all individuals, associations, corporations and others who have interest of record in a structure and any who are in possession thereof.

Determining who is an interested party varies by the facts of each case, however, the definition is: ?Interested person? means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.

After a federal court enters a judgment, a litigant has 28 days to file a motion to amend the judgment pursuant to Federal Rule of Civil Procedure 59(e). This rule allows a district court to correct its own errors and spare the parties and appellate courts the burden of unnecessary appeal.

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