Amend Pleadings Flashcards
1
Q
Amend Pleadings - Fed
A
Right w/in 21 days of ∆’s first answer - then court discretion granted in interest of justice (delay, prejudice, futility)
2
Q
Amend Pleadings - CA
A
Right until ∆ answers/demurs - then court discretion granted in interest of justice (delay, prejudice, futility)
3
Q
Amended Pleadings - Relating Back
A
Claim = same t+o
Party = same t+o + knew of case w/in 90 days of filing + should’ve known they were meant to be named
CA Fictitious ∆: can replace w/in 3 years
4
Q
Supplement Pleadings
A
Court discretion
