Pennsylvania Motion for Leave to Amend Complaint - Personal Injury

State:
Multi-State
Control #:
US-PI-0039
Format:
Word; 
Rich Text
Instant download

Description

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.
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FAQ

Rule 1033. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted.

Rule 1034 - Motion for Judgment on the Pleadings (a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings.

Code § 587 - Motion for Dismissal. (a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

Code § 1037. Rule 1037 - Judgment Upon Default or Admission (a) If an action is not commenced by a complaint, the prothonotary, upon praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint.

Rule 1033 - Amendment (a) A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, add a person as a party, correct the name of a party, or otherwise amend the pleading.

Motion for Dismissal. ([A]a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

Amendment to Complaint. Amendments to the complaint may be made only at the hearing in the presence of the adverse party or his representative. Amendments other than those made as to form shall constitute grounds for continuance.

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Pennsylvania Motion for Leave to Amend Complaint - Personal Injury