Motion for Leave to Amend Complaint - Personal Injury
About this form
The Motion for Leave to Amend Complaint - Personal Injury is a legal document filed by the plaintiff in a personal injury case. This form requests the court's permission to modify the original complaint, allowing the addition of new parties or an increase in the amount of damages being sought. This form is essential for plaintiffs who have new evidence or circumstances that warrant changes to their original filing.
Main sections of this form
- The date the original complaint was filed.
- The dates the defendants filed their answers and defenses.
- Details of the additional parties being added to the complaint.
- The specific legal rule under which the amendment is being requested.
- The reason for increasing the damages, such as heightened medical expenses.
- An attachment of the proposed amended complaint as Exhibit A.
Common use cases
This form is typically used when a plaintiff in a personal injury lawsuit needs to amend their complaint due to new developments, such as discovering additional injuries or medical costs after filing the initial complaint. It may also be used when the plaintiff wants to include new defendants who were not originally named in the lawsuit.
Who this form is for
- Individuals who have filed a personal injury lawsuit and wish to update their complaint.
- Legal representatives of plaintiffs looking to add parties to the case or increase the claimed damages.
- Those who have encountered new information affecting their personal injury claims.
Instructions for completing this form
- Fill in the date the original complaint was filed.
- Provide the date when defendants filed their respective answers.
- List the names of additional parties you wish to include in the complaint.
- Reference the specific rule of civil procedure being relied upon.
- State the reasons for the amendment, particularly regarding increased damages.
- Attach a copy of the proposed amended complaint as Exhibit A.
Does this document require notarization?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Common mistakes to avoid
- Failing to provide the correct legal basis for the amendment.
- Not attaching the proposed amended complaint.
- Leaving out necessary party names or details regarding damages.
- Missing deadlines for submitting the motion to amend.
Why use this form online
- Convenience of downloading and printing at your convenience.
- Ensured compliance with legal formatting standards.
- Editability allows you to customize the form according to your needs.
- Access to templates drafted by licensed attorneys ensures reliability.
Form popularity
FAQ
The motion for leave to file an answer to a complaint means that the defendant did not answer within the requisite time period, and is essentially asking for more time to answer the complaint.
A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants. The answer will state whether the defendant wants a jury trial. The case will then continue.
Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.
Amended complaint. n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), or upon order of the court.
Bill of complaint (plural bills of complaint) (law, historical) In the English Court of Chancery, prior to the Judicature Act of 1873, the formal statement of the facts and prayer for relief submitted by a plaintiff to the court.
Once a defendant has answered, a first amended complaint can only be filed and served with leave of court. If the plaintiff did not get the court's permission, it is not deemed a valid first amended complaint.
What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.
(a) A defendant may file an answer with the reviewing official and the Office of Hearings and Appeals within 30 days of service of the complaint. An answer will be considered a request for an oral hearing.