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Georgia 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

Amendments. A party may amend his pleading as a matter of course and without leave of court at any time before the entry of a pretrial order. Thereafter the party may amend his pleading only by leave of court or by written consent of the adverse party.

Any party, including the agency, may amend any pleading or notice without leave of the agency until the eighth day prior to the date set for the hearing on the matter. Thereafter a party may amend his pleadings only by leave of the Board or its designee, and leave shall be freely given when justice so requires.

The fee to file articles of amendment is $20.00. Articles of amendment may be filed online at or filed by paper by submitting this completed form to our office.

Both parties can apply for an amendment to the pleading. Amendments can be made in the plaint by the plaintiff as well as in the written statement by the defendant. In the event that there is more than one plaintiff or defendant in a suit, then one of the plaintiffs or defendants can make such an application.

Addition of party or change of status must be by leave of court. - Plaintiff may add a new party or change the status of one who is a third-party defendant by making one a party to the original complaint only by leave of court.

The expenses of litigation generally shall not be allowed as a part of the damages; but where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow ...

- Amendment of findings and amendment of judgment upon motion of party, § 9-11-52. Judgment must conform to reasonable intendment of verdict upon which the judgment is based, and may be amended by order of court so as to conform to the verdict, even after execution has been issued. Morris v. Bell, 100 Ga.

(3) "Amendment to a pleading" means a pleading that modifies another pleading and alleges facts or requests relief materially different from the facts alleged or the relief requested in the modified pleading.

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