[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Party's Attorney Name] [Opposing Party's Attorney's Firm Name] [Address] [City, State, ZIP] Re: [Case Number] Amendment to Complaint and Request for Service Dear [Opposing Party's Attorney Name], I hope this letter finds you well. I am writing to inform you that we have filed an amended complaint in the above-mentioned case in the [Court Name]. Enclosed herewith, you will find a copy of the amended complaint for your review and records. By filing this amended complaint, we have updated and clarified certain aspects of the original complaint in order to provide a more comprehensive and accurate representation of the claims and allegations raised by our client. It is our sincere belief that this amendment will facilitate a clearer understanding of our position and the relief sought. Additionally, we kindly request that you accept service of the amended complaint on behalf of your client, [Opposing Party's Name]. Pursuant to the [Court Rule/Local Rule], we are responsible for effectuating service of the amended complaint within a specified time frame. Considering your role as the attorney representing the opposing party, we believe it would be appropriate for you to accept service on behalf of your client. As per the applicable rules, we kindly request your acknowledgement of receipt of this amended complaint within [specific time frame] days from the date of this letter. Should you decide to accept service on behalf of the opposing party, please sign and date the enclosed copy of this letter and return it to us via mail or email. Your cooperation in this matter is greatly appreciated. Please note that this amendment does not affect any previously filed answers, responses, or any other pleadings in this case. It solely seeks to update and enhance the original claims made against your client. In light of this amendment, we also invite you to engage in discussions with our legal team in order to explore the possibility of resolution or any other matter that may contribute to the efficient and fair resolution of this case. Your client's involvement in open and productive communication is highly encouraged to avoid unnecessary protraction of this legal matter and the associated costs. Thank you for your attention to this matter. We look forward to receiving your acknowledgement of receipt and acceptance of service for the amended complaint within the stipulated time frame. Should you have any questions or require any additional information, please do not hesitate to contact me at the provided contact details. We trust that you will handle this matter with utmost professionalism and cooperate accordingly. Yours sincerely, [Your Name and Title] [Your Law Firm Name]
Hawaii Sample Letter for Service of Amended Complaint
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Rule 11 - Signing of Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is unrepresented, shall be signed by the party.
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.
The plaintiff shall promptly serve the order or notice issued by the court setting the Scheduling Conference date on all parties who have been served with the complaint, except those who have appeared in the case before the order or notice was issued.
Rule 17 - Parties Plaintiff and Defendant; Capacity (a) Real party in interest. Every action shall be prosecuted in the name of the real party in interest.
(A) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...
Rule 16.1 - Expedited or Non-Expedited Track Assignment Based on Case Characteristics; Discovery Limitations; Trial Setting (a)Assignment of case to expedited track.