According to Rule 15 of the Federal Rules of Civil Procedure (FRCP), a party may amend the party's 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, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.
Most states have adopted these procedural rules for state action in one form or another.
In Wisconsin, a Simple Motion to Amend Complaint and Notice of Motion is a legal procedure used to make changes or modifications to a complaint filed in a civil lawsuit. When new facts or evidence emerge, or errors are discovered in the original complaint, the plaintiff may file a motion to request permission from the court to amend the complaint accordingly. The Simple Motion to Amend Complaint is governed by Wisconsin Statute § 802.09, which outlines the rules and requirements for making amendments in civil actions. The motion must be filed with the court and served upon the opposing party, providing a detailed explanation of the proposed amendments and the reasons behind them. The Simple Motion to Amend Complaint requires specific content, including: 1. Caption: The caption should provide the name of the court, the parties involved, and the case number. 2. Introduction: The motion should begin with an introduction, stating the intent to amend the complaint and the specific reasons for doing so. The party seeking the amendment is referred to as the moving party, while the opposing party is the non-moving party. 3. Background: A brief summary of the existing complaint, its relevant allegations, and the current stage of the litigation should be provided to contextualize the need for amendment. 4. Proposed Amendments: The motion should clearly state each proposed amendment, detailing the specific changes to be made, such as adding new claims, correcting factual inaccuracies, or removing portions that are no longer applicable. Each amendment should be numbered and explained in a separate paragraph. 5. Legal Basis: The moving party must provide a legal justification for the proposed amendments, referring to applicable laws, court rules, or legal precedents supporting their argument. This is crucial to demonstrate that the amendments are not intended to unduly delay or prejudice the opposing party. 6. Timeliness: It is important to address the timeliness of the proposed amendments within the motion. The moving party should explain why the proposed amendments were not included in the original complaint and why they are being presented at this stage of the litigation. 7. Notice of Motion: Attached to the Simple Motion to Amend Complaint is the Notice of Motion, which provides notice to the opposing party, the court, and other interested parties about the intention to file the motion and the date when the motion will be heard. Different types of Wisconsin Simple Motions to Amend Complaint and Notice of Motion may arise based on the specific circumstances of the case. These could include motions addressing factual errors, changing legal theories, adding or removing parties, altering the scope of damages sought, or addressing other deficiencies in the original complaint. It is crucial to consult with an attorney familiar with Wisconsin civil procedure to determine the appropriate type of motion to file and ensure compliance with all necessary legal requirements and deadlines.
