Utah Memorandum in Support of Motion to Amend Answer

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.

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.

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.

You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You serve (mail) your motion to the other side.

The opinion states in dictum, "If any defendants have not appeared, a summons must be issued upon the amended complaint and served upon such defendants." The implication of the opinion is that an amended summons is required when new parties defendant have been added.

A motion is a written or oral application to a court in a pending case seeking some sort of ruling or order. A petition, on the other hand, is always in writing, and is considered a pleading, used to commence a proceeding, or initiate a collateral one.

The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.