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Ely
Ely, Counselor at Law
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How do we add a new defendant to a lawsuit How do we style

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How do we add a new defendant to a lawsuit? How do we style the amended petition to include the new defendant? Do we add a separate Count for that new defendant? Are the charges of malicious prosecution and conspiracy to defraud criminal offenses or civil?
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



It's easy. You do amend. File a PLAINTIFF'S FIRST AMENDED and just add the new Defendant on there. File a copy with the Court, noting to the Court clerk in the top letter than a new def. has been added. She may make you take it down to intake to reprocess (5 mins). Serve the other unlucky new party, and they are part of suit.Adding new causes of action would be the same thing - just add new causes of action in the first amended, and that's it.Malicious prosecution are CIVIL charges for a CRIMINAL prosecutor who went too far.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 4 years ago.
You didn't answer the question about conspiracy to defraud. The man we purchased our property from assured us the neighbor would move his tool shed, which encroaches on our property by 15 feet. That neighbor sued us for adverse possession, now claims he didn't say he'd move the shed. We learned during a hearing that the seller and our neighbor agreed our neighbor would agree to anything the seller wanted to say in order to induce us to buy his property. So is there conspiracy to defraud, we think so, but is it civil or criminal? The seller ratted on the neighbor in court testimony and we want to add to the seller to the suit.

We though malicious prosecution was for people who strung out cases when they could have reached settlement early on. We had settlement talks within a month of the filing 4 years ago; went to court ordered mediation 2 years ago and reached settlement but then they renegged and increased their demands each time...more land and more money damages. We're not willing to pay them anything now because our legal expenses blew past $30K so we are now having to go ProSe. We are holding our own, as one day of trial is over with one more scheduled. We want to be fully prepared to be awarded money damages.
Expert:  Ely replied 4 years ago.
Apologies.This is a civil conspiracy, and should be included as a cause of action.BR>And yes in your case, malicious prosecution does fit. While used MOSTLY for criminal, it can be used for civil: its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.Sorry for the missing elements.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87526
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 13 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Thanks, XXXXX XXXXX were very helpful. We will ask for you by name in the future.
Expert:  Ely replied 4 years ago.
I'm glad you feel informed. Kick butt. I'll be here if you need me.

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