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Amending a Complaint, but Only Specific Counts

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  • 09-26-2011, 01:27 PM
    Arazu Toth
    Amending a Complaint, but Only Specific Counts
    I am curious, when one files an amended complaint, the complaint replaces the original one, correct? (i.e. one doesn't really Amend a complaint, they replace it with an amended one)

    If this is the case, when one is directed by the court to only amend specific counts of the original complaint, what's the actual process for doing this? Do I modify the original complaint and ONLY update the counts they gave me permission to amend and resubmit the document in full as the "Amended Complaint" or do I file an "Amended Complaint" that only addresses the counts they directed to amend?

    I want to make sure I don't shoot myself in the foot here by filing an amended complaint that omits previously supported counts.
  • 09-28-2011, 06:08 AM
    Mr. Knowitall
    Re: Amending a Complaint, but Only Specific Counts
    You were prompted and instructed to identify the state involved for a reason.

    The effect of filing an amended complaint will be described in the court rules for the state in which this is occurring. Even when by default the amended complaint takes the place of the original it may be possible to amend only part of a complaint. Check the court rules and any local rules, and read the court's order.
  • 09-28-2011, 12:33 PM
    Arazu Toth
    Re: Amending a Complaint, but Only Specific Counts
    Correct - I finally found the details on exactly what the state expects in the Local Rules. Interesting part is how the Federal Rules really don't set enough of precedence to function without local rules. I figured there would be more the local rules would be based on.

    Thanks!
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