This form is a sample first amended complaint for use in a personal injury case involving a vehicle accident due to negligence.
Georgia First Amended Complaint - Vehicle Accident
State:
Multi-State
Control #:
US-PI-0248
Format:
Word;
Rich Text
Instant download
Description
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How to fill out First Amended Complaint - Vehicle Accident?
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FAQ
Rule 4 of the Federal Rules of Civil Procedure provides that service on a defendant can be accomplished either through ?personal service? of a complaint and summons or mail service through a procedure called ?waiver of service of summons.?
Rule 15(c)(1) indicates that an amendment to a complaint will relate back to the date of the original pleading if certain conditions are satisfied. First, the law that provides the applicable statute of limitations must allow the relation back. Fed.
Civil Practice § 9-11-12. (a) When answer presented. A defendant shall serve his answer within 30 days after the service of the summons and complaint upon him, unless otherwise provided by statute.
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.
Amended complaint. n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), or upon order of the court.
Second Amended Complaint means the pleading to be filed prior to the Final Judgment defined below is entered and which will be the operative pleading for purposes of entering Final Judgment.
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
A party may plead or move in response to an amended pleading and, when required by an order of the court, shall plead within 15 days after service of the amended pleading, unless the court otherwise orders. Amendments to conform to the evidence.