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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 115465
Experience:  20+ Years of Employment Law Experience
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I filed title 7 civil case complaint with federal court.

Customer Question

I filed title 7 civil case complaint with federal court. after discovery i found new facts that i want to add to the original complaint. These new facts are in the same count and give more proof to the original case. Can i amend complaint, or use this allegation without amending complaint after discovery motions cut-off time and amending pleadings cut-off time, but before discovery cut-off time? Can I use those new allegations found in discovery without amending in opposition to summary judgment or in my own summary judgment? The judge is very strict to deadlines. Is there any law I can use so judge can allow to amend my complaint in the course of discovery but after deadlines for amending pleadings and discovery motions?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to file a motion for leave to amend your complaint and attach your proposed amended complaint to the motion. In the motion you need to explain why you believe new causes of action have arisen based on discovery. The Civil Rules of Procedure Rule 15 allow you to amend with leave of court and amendments are to be liberally granted for good cause shown.
Customer: replied 1 year ago.
thank you! Can a good cause be new finding in discovery? Judge can deny it because I should do discovery and have those findings before pleading cut-off time :(
Customer: replied 1 year ago.
I am planning to do it one week before discovery cut-off, but already after pleadings cut-off
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You absolutely can amend based on newly discovered information through discovery. That is normally a reason for amending a complaint.
Customer: replied 1 year ago.
what about after depositions? Depositions will be even after discovery cut-off time. Wouldn't it be too much of amended complaints? Can I also add new counts, not only facts? I bet opposite counselor will object it.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Depositions you need to get extension of discovery if they are going to be after discovery cut off time.
It is not too much to amend your complaint, you must amend your complaint only to add new causes of action. You do not amend your complaint just to add new facts only, it has to be new causes of action based on what you found in discovery.
Customer: replied 1 year ago.
What to do with new fact than? Can I use them in opposition to summary judgement without mentioning them in the complaint?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can use the new facts in your opposition to summary judgment and you can use them in trial as well. Just because the new facts are not in the complaint does not mean you cannot use them in trial or in response to any motion.