This form is a sample first amended complaint for use in a personal injury case involving a vehicle accident due to negligence.
Montana 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
Amend- ed pleadings allow the party to add claims, parties, or defenses based on facts that occurred before the original pleading was filed. Supplemental pleadings allow the party to add claims or defenses based on facts that occurred after the original plead- ing was filed.
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.
Under the relation-back doctrine, in order to avoid the statute of limitations, the amended complaint must: rest on the same general set of facts as the general complaint, refer to the same accident and same injuries as the original complaint, and refer to the same instrumentality as the original complaint.
A party that intends in good faith to deny all the allegations of a pleading -- including the jurisdictional grounds -- may do so by a general denial. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted.
To amend is to make a change by adding, subtracting, or substituting. For example, one can amend a statute, a contract, the United States Constitution, or a pleading filed in a lawsuit. Generally, procedures dictate the way in which one amends a specific item.
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 pleading is only considered amended insofar as it incorporates or responds to events occurring before the original pleading was filed. If an amended pleading incorporates or responds to events occurring after the original pleading is filed, the new pleading is considered to be supplemental, not amended.