This form is a sample motion used by the plaintiff in a personal injury action requesting permission from the Court to amend the complaint in order to add addtional parties and to increase the amount of damages sought.
North Carolina Motion for Leave to Amend Complaint - Personal Injury
State:
Multi-State
Control #:
US-PI-0039
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion For Leave To Amend Complaint - Personal Injury?
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FAQ
(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.
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.
? A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within 30 days after it is served.
: to change or modify (something) for the better : improve. amend the situation. b. : to alter especially in phraseology. especially : to alter formally by modification, deletion, or addition.
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.
Rule 15 of the North Carolina Rules of Civil Procedure states that courts should freely allow amendments to complaints ?when justice so requires.? If the statute of limitations has run on a new claim, Rule 15(c) allows it to ?relate back? in time to the original complaint if ?the original pleading?
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.
? the leave sought should, as the rules require, be ?freely given.? Of course, the grant or denial of an opportunity to amend is within the discretion of the District Court, but outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely ...