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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Have I errored if not restating in modified complaints what

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Have I errored if not restating in any modified complaints what was stated originally? ie  not mentioning amounts original motions?

Hi,

Thank you for your question. I want to make sure we are on the same page in this matter.

A Complaint and a Motion are two different things. A Complaint is the document you filed to start the lawsuit and state what your claims are against the Defendant.

In either case, where you file a new Complaint (an "Amended Complaint") you need to restate all the claims and assertions made in the first Complaint and add the new ones in too. If you do not, then you have dropped the claims that you did not add in. Thus, you to file another Amended Complaint (they are generally labled by number, i.e. "First Amended Complaint", "Second Amended Complaint" and so on) and add back in any claim that you accidentally took out.

The same is true for a motion, when you amend the motion, you need to make all the statements previously stated in the motion and then add the new things in. If you take anything out when amending a document, it will be seen as having been removed, as an Amendment completely replaces the document it is amending.

Please let me know if you have any questions. Please also remember to kindly rate my answer positively so that I am compensated by the website for my work on your question. Rating does not cause any additional charges and will not prevent us from further discussing your questions.

Best Regards,
ZDN
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