[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Opposing Party's Attorney's Name] [Opposing Party's Attorney's Address] [City, State, ZIP] Re: Motion to Strike Plaintiff's Amended Complaint Dear [Opposing Party's Attorney's Name], I hope this letter finds you well. I am writing to formally request the court's permission to file a Motion to Strike Plaintiff's Amended Complaint in the case of [Case Name] pending in the [Court Name], [Court Location], North Dakota. This motion seeks to challenge and ultimately dismiss the plaintiff's amended complaint for [reasons specific to your case]. As the defendant in this case, it has come to my attention that the plaintiff has filed an amended complaint, altering their original claims and potentially introducing new allegations. However, upon a thorough review of the amended complaint, we have identified serious deficiencies and legal issues that warrant immediate judicial intervention. First and foremost, the plaintiff's amended complaint fails to state a valid cause of action against the defendant. The allegations contained therein are either entirely baseless, lack legal sufficiency, or do not meet the required elements for the causes of action cited. It is crucial to strike this amended complaint as it unjustifiably prolongs the litigation and imposes undue burden on the defendant. Additionally, the plaintiff's amended complaint includes irrelevant and scandalous allegations, intended solely to tarnish the reputation and credibility of the defendant. Such content not only violates the principles of fairness and due process but also deviates from the purpose of judicial proceedings. Striking this amended complaint will serve to maintain the integrity of the legal process and prevent the plaintiff from engaging in inappropriate litigation tactics. Furthermore, the plaintiff's amended complaint is riddled with procedural irregularities. The amendments were filed well beyond the stipulated timeframe, disregarding the court's established guidelines and causing unnecessary delay and inconvenience to the defendant. A motion to strike is necessary to uphold the principles of procedural fairness and ensure that both parties operate on equal footing within the legal system. Our legal team has extensively researched applicable case law and relevant statutes in North Dakota, which unequivocally support our assertion that the plaintiff's amended complaint should be stricken from the record. We believe that the interests of justice, efficiency, and fairness necessitate the court's intervention in this matter. In light of the aforementioned arguments, we respectfully request that you accept and acknowledge receipt of this letter. We will promptly file the Motion to Strike Plaintiff's Amended Complaint with the court once we receive confirmation from your office. We kindly ask that you reply within five business days of receiving this letter to ensure a smooth and timely resolution of this matter. Thank you for your attention to this urgent matter. We trust that you will address our concerns in good faith and uphold the principles of justice in our forthcoming legal proceedings. Sincerely, [Your Name] [Your Legal Representation Status, if applicable]
North Dakota Sample Letter for Motion to Strike Plaintiff's Amended Complaint
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FAQ
V. to alter or change by adding, subtracting, or substituting. One can amend a statute, a contract or a written pleading filed in a law -suit. The change is usually called an amendment.
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.
Any party, including the agency, may amend any pleading or notice without leave of the agency until the eighth day prior to the date set for the hearing on the matter. Thereafter a party may amend his pleadings only by leave of the Board or its designee, and leave shall be freely given when justice so requires.
A party shall plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders.
Summary. In almost all jurisdictions, an amended complaint supersedes all prior complaints, thus motions directed at the superseded pleading generally will be denied as moot.
? A complaint or information may be amended, in form or in substance, without leave of court at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and and when it can be done without causing prejudice to the rights of the accused.
