Also known as: amended pleadings
Written by attorneys · grounded in primary & secondary sources — see below
A formal document that replaces an earlier pleading in a legal proceeding and incorporates new or corrected allegations.
Austin Abbott served his original complaint on Arcadia Retail on March 1. Arcadia Retail answered on March 10. On March 18 Austin Abbott filed and served an amended complaint adding new factual allegations. Arcadia Retail filed its response to the amended complaint on April 1.
Adrian Aguilar filed a complaint against Alliance Holdings alleging breach of a real estate sales contract. Alliance Holdings demurred on the ground that the complaint failed to state a cause of action. The court sustained the demurrer without leave to amend and entered judgment for the defendant.
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Alexis Archer challenged a school district policy requiring Bible readings. After the district amended the statute, the court granted the plaintiffs' motion to amend the pleadings to address the new version of the law and held a hearing on the amended pleadings.
Ava Adebayo sued Aether Technologies for wrongful termination. After the defendant demurred, Ava Adebayo filed two amended pleadings attempting to state viable claims. The trial court sustained the demurrer to the second amended pleading without leave to amend and dismissed the action.
Adam Anderson and other plaintiffs sued several defendants in state court. More than a year later they filed an amended complaint adding punitive damages and dismissing a nondiverse defendant. One defendant removed the case within thirty days of receiving the amended pleading.
Aisha Ahmed filed suit against state officials seeking to enjoin enforcement of a statute. After the complaint was filed the officials amended their enforcement policy. The plaintiffs responded by filing an amended pleading that addressed the changed circumstances.
A defendant must respond within the time remaining to respond to the original pleading or within fourteen days after service of the amended pleading, whichever is later.
A plaintiff may amend once as a matter of course no later than twenty-one days after serving the original pleading or twenty-one days after service of a responsive pleading or Rule 12 motion, whichever is earlier.
An amended pleading that first reveals grounds for removal starts a new thirty-day removal period for the affected defendant, subject to the one-year limit unless bad faith is shown.
The party must obtain the opposing party's written consent or leave of court, which the court should freely grant when justice so requires.
…U. S. 298. The same three-judge court granted appellees' motion to amend the pleadings, 195 F. Supp. 518, held a hearing on the amended pleadings and rendered the judgment, 201 F. Supp. 815, from which appeal is now taken. [^maj-2]: The statute as amended imposes no penalty upon a teacher refusing to obey its mandate. However, it…