This form is an agreed order which permits the plaintiff to amend his complaint by striking one defendant from the complaint and substituting another.
North Carolina Agreed Order Amending Complaint - Personal Injury
State:
Multi-State
Control #:
US-PI-0179
Format:
Word;
Rich Text
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How to fill out Agreed Order Amending Complaint - Personal Injury?
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FAQ
? 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.
Rule 27. Depositions before action or pending appeal. (1) Petition. ? A person who desires to perpetuate his own testimony or that of another person regarding any matter may file a verified petition in the appropriate court in a county where any expected adverse party resides.
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.
A party must plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders. Procedure 1.190(a), which provides: Amendments.
(a) Amendments. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
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?
? 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.
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.