Unit 3 Question 2 answer - complete
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Question: Can a party amend a Complaint? If allowable, state the general ways a party
would amend a Complaint. Include whether or not courts are generally strict or liberal in
allowing amendments
.
An amended complaint is a written revision of the original complaint filed by a plaintiff.
Plaintiffs may choose to amend a complaint for many reasons such as to include additional
claims, correct facts, or add additional parties to the suit. Most jurisdictions view the rules of
pleading very liberally. [1] Rule 15 of the federal rules of civil procedure allows the plaintiff to
amend their complaint one time within 21 days of serving the original complaint or at any point
before the defendant answers the complaint. In all other situations, the plaintiff must seek the
consent of the court or consent from the defendant to amend the original complaint.[2] As long
as an amendment does not extremely change the case or cause a delay in the case, it will
probably be allowed. To amend a complaint, appropriate changes are made to the original
complaint, and a new complaint is prepared. The title is then changed to “First Amended
Complaint.” [139] Once the defendant receives the amended complaint, they are given the
opportunity to send a responsive pleading.[4]
References
[1]
Hames, J., Kerley, P., & Sukys, P. (2015).
Civil Litigation
(7th ed.). (p. 138-139)
Stamford, CT: Cengage Learning
[2] One Hundred Sixteenth Congress,
FEDERAL RULES OF CIVIL PROCEDURE
Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF
REPRESENTATIVES
, 23 (2020),
https://www.uscourts.gov/sites/default/files/federal_rules_of_civil_procedure_-
_december_2020_0.pdf
.
[3] Hames, J., Kerley, P., & Sukys, P. (2015).
Civil Litigation
(7th ed.). (p.139) Stamford,
CT: Cengage Learning
[4] Wex Definition Team,
Amended Complaint
, LII / Legal Information Institute (20210),
https://www.law.cornell.edu/wex/amended_complaint
.
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