Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
What this document covers
The Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a legal document used to request changes to a court judgment. This form allows you to include an additional party who should have been part of the initial proceedings, ensuring that all relevant parties are bound by the judgment. It is based on the notice pleadings format outlined in the Federal Rules of Civil Procedure, making it adaptable for use in most states.
Main sections of this form
- Identification of the plaintiff and defendant, including their names and titles.
- Details about the original judgment, including the date it was rendered.
- Justification for adding the new party, highlighting their role in the original lawsuit.
- The affidavit of the support witness, confirming the request's validity.
- Notice of the motion hearing date and time for relevant parties.
When to use this document
This form is necessary when a party who played a significant role in a trial was not included in the original judgment. If it is discovered that this party has a vested interest in the outcome and should be held accountable or entitled to rights under the judgment, this motion is an essential step to amend the record accordingly.
Intended users of this form
- Individuals or entities involved in litigation who need to correct court records.
- Attorneys representing clients who seek to include additional parties in a judgment.
- Anyone concerned about ensuring all relevant parties are legally bound by a court decision.
Completing this form step by step
- Identify all parties involved by entering their full names as plaintiff and defendant.
- Enter the date and details of the original judgment being amended.
- Specify the name and address of the additional party defendant to be included.
- Clearly justify the request for amendment by outlining the additional party's role in the trial.
- Provide a Certificate of Service to indicate that the notice has been served to involved parties.
Does this document require notarization?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
Mistakes to watch out for
- Failing to correctly identify all parties involved in the original judgment.
- Not providing sufficient justification for adding the additional party.
- Missing the required signatures or notations in the Certificate of Service.
- Neglecting to check specific state requirements before submission.
Benefits of using this form online
- Convenient access to forms that can be modified to meet specific legal needs.
- User-friendly interface that guides you through the form completion process.
- Peace of mind that the forms are based on templates drafted by licensed attorneys.
- Quick download and immediate use without the hassle of visiting a lawyer in person.
Legal use & context
- This motion aids in correcting judicial records to reflect accurate party involvement.
- It ensures that all parties related to the judgment are held accountable in compliance with the law.
- Amendments can improve the likelihood of a fair judicial process and outcomes.
Form popularity
FAQ
Under the amendment of the initial sentences of the subdivision, a defendant as a third-party plaintiff may freely and without leave of court bring in a third-party defendant if he files the third-party complaint not later than 10 days after he serves his original answer.
Rule 19 states that a party is necessary to a lawsuit when one of two conditions arise: (1) the party must be present in order to award complete relief, or (2) the party has an interest in the action so that his or her interest cannot be represented and protected without that party appearing in the lawsuit.
What is Third Party Defendant? A party who is sued by the original defendant and brought into the case on a theory of being responsible to the defendant for all or part of the claim made by the plaintiff.
21 provides that misjoinder of parties is not ground for dismissal of an action, and that parties may be dropped or added by court order on motion of any party or of the court's own initiative at any stage in the action and on such terms as are just.
A motion to amend a complaint is a request to the court to change the original court filing documents. It means to change the basis for the case in some way. A motion to amend a complaint is the formal way of asking the court for permission to change the original complaint.
Generally, you can amend a motion. You have to serve the amended motion to the other party, and the other party will get more time to answer.
The person or entity who will benefit from a lawsuit or petition even though the plaintiff (the person filing the suit) is someone else (often called a "nominal" plaintiff).