Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
Definition and meaning
A Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a legal request made in court. This motion aims to modify an existing judgment by adding another party as a defendant who has a significant stake in the outcome of the case. The added party is referred to as the 'real party in interest,' indicating they have a genuine interest that could be affected by the court's decision.
Who should use this form
This form is particularly relevant for plaintiffs who need to modify a judgment to include another party that is essential to the case, yet was not originally named as a defendant. It is suitable for individuals or entities that believe their rights or interests were not adequately represented during the original trial.
How to complete a form
To successfully complete the Motion to Amend or Correct Judgment, follow these steps:
- Identify the court where the original case was filed.
- Provide case details including the case number and names of existing parties.
- Clearly state the additional party's details that you wish to include.
- Outline the reasons why this amendment is necessary.
- Sign the document and include your attorney's information.
Common mistakes to avoid when using this form
Avoid the following errors to ensure your motion is processed smoothly:
- Failing to include the additional party's correct details.
- Not providing a valid legal reason for the amendment.
- Omitting signatures or contact information.
- Filing the motion in the wrong court.
Key components of the form
Essential components that must be included in the Motion to Amend or Correct Judgment include:
- The name of the court.
- The case number.
- The names of the plaintiff and defendant.
- A clear statement of the request being made.
- The reason for adding the new party.
Benefits of using this form online
Using the Motion to Amend or Correct Judgment form online offers several advantages:
- You can complete the form at your convenience, saving time.
- Online forms often come with guidelines and prompts to help ensure accuracy.
- Instant access to templates drafted by licensed attorneys increases reliability.
- Convenience of downloading and printing the forms for filing.
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).