Results 1 to 3 of 3
  1. #1
    Join Date
    Sep 2010
    Location
    Seattle, WA
    Posts
    77

    Question 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.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  3. #3
    Join Date
    Sep 2010
    Location
    Seattle, WA
    Posts
    77

    Default 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!

    1. Sponsored Links
       

Similar Threads

  1. Amending a Birth Certificate in Nv
    By jbwriter in forum Name Change
    Replies: 1
    Last Post: 04-13-2010, 10:55 AM
  2. Theft and Larceny: 4 Counts Aggravated Theft or 4-6 Counts Theft
    By onetimeoffender in forum Criminal Charges
    Replies: 1
    Last Post: 12-10-2008, 10:44 PM
  3. D.A. Amending Ticket At Trial In Texas
    By CAOUTLAW in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 06-12-2008, 07:51 AM
  4. Filing a Complaint: Amending A Complaint To Request More Damages
    By wiigone in forum Civil Procedure
    Replies: 1
    Last Post: 01-08-2008, 10:15 PM
  5. Answer to Complaint or Supplemental Complaint Regarding Parental Obligations
    By amypolnoff in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 11-25-2007, 08:52 PM
 
 
Sponsored Links

Legal Help, Information and Resources