Amendment to the pleadings Flashcards
A pleading may be amended once
As of right at any time within 21 days of service of the pleading or within 21 days of D’s response
After a party has amended once, it must
seek leave of court to amend which is generally granted
To deny a leave to amend, the court must have a reason to deny for an issue
like prejudice
An amended pleading relates back if
It concerns the same conduct, transaction, or occurrence at the original pleading
The key date for determining the tolling of SOL is the date of
The original pleading
If the SOL has expired, the relation back determines
whether the amended pleading relates back or not
A party added by an amended pleading must
Have known, or had reason to know that the action should have been brought against that party but for a mistake in name
When an incorrect plaintiff brings suit, the suit should not be dismissed until
a reasonable time has allowed for substitution of the party in interest and it concerns the same conduct, transaction, or occurrence as the original complaint gave notice of.
Pleadings are
certified. Meaning that they must be signed by an attorney of record and provide attorney contact information
An attorney that certifies a pleading is
Accurate to the best of her knowledge after a reasonable inquiry.
Denials must be supported or must be
Reasonably based on lack of information or belief.
Violation of the certification requirement can be raised by
The court or by an opposing party and can result in sanctions
