Massachusetts Motion for Leave to Amend Complaint to Add Party and to Increase Damages
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How to fill out Motion For Leave To Amend Complaint To Add Party And To Increase Damages?
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FAQ
Under Rule 12(f), however, motions to strike are limited to addressing ?an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.? Because ?the Court must view the pleadings in a light most favorable to the pleading party,? a 12(f) motion to strike will rarely be granted.
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.
If no cause of action has been stated but the court believes there may be more facts that will enable the plaintiff to state a cause of action, the court sustains the demurrer "with leave to amend," in which case the plaintiff can restate his or her case in an amended complaint.
Rule 12(f) indicates explicitly that although the court may, sua sponte, clean up the pleadings (literally and figuratively) at any time, it may strike an insufficient defense only if the plaintiff takes the initiative.
Rule 15(d) provides that the court, upon motion of a party, may allow the party to serve a supplemental pleading setting forth transactions, occurrences, or events postdating the pleading sought to be supplemented.
(1) A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, misnomer of a party, pendency of a prior action, or improper amount of damages is waived (A) if omitted from a motion in the circumstances described in subdivision (g), or (B) if it is ...
Under this rule, a defendant may, with the prosecutor's agreement, plead guilty (or in District or Juvenile Courts admit to sufficient facts), appeal a ruling the defendant believes is erroneous and, if successful on appeal, withdraw the plea (or the admission to sufficient facts) and presumptively obtain dismissal of ...
Under Rule 12(f), as under existing federal practice, a motion to strike an insufficient defense searches the pleadings; in hearing such a motion, the court may properly dismiss the complaint for failure to state a claim upon which relief can be granted, just as though the defendant had been the moving party under Rule ...