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In which court is the case pending? What is the reason you need to amend the petition/complaint? Have you sought to amend it previously?
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superior court of fulton county ga
plaintiff has filed lawsuit in the complaint he used the word fraud 3 times
he didnt know statued limitation is two years
now i need to admend for him. we need to explain why we need to admend. what is best way to explain our case
I see. So he needs to add new counts to his complaint? Has the defendant answered the complaint yet?
yes the defendant answered. quoted statuded of limitation for fraud
the plaintiff had a contract to purchase athlete's foot franchise.
the defendant recieved money but never delivered.
i like to state in explaination for motion for leave to amend
breach of contract. what is best way to explian why i need to file motion for leave to mend
Hello again. The motion for leave to amend plaintiff's complaint is typically governed by O.C.G.A. 9-11-15 - Amended and supplemental pleadings. Pursuant to this section of the code, the plaintiff need not typically seek permission from the court if a pretrial order has not yet been entered by the court. Here is the relevant language of the statute: (a) Amendments. A party may amend his pleading as a matter of course and without leave of court at any time before the entry of a pretrial order. Thereafter the party may amend his pleading only by leave of court or by written consent of the adverse party. Leave shall be freely given when justice so requires. A party may plead or move in response to an amended pleading and, when required by an order of the court, shall plead within 15 days after service of the amended pleading, unless the court otherwise orders.Here is a link to the statute:http://law.justia.com/codes/georgia/2010/title-9/chapter-11/article-3/9-11-15/Therefore, if a pretrial order has not yet been entered, a motion for leave to amend is not normally necessary, but the plaintiff may simply file an amended complaint with the court and serve it on the defendant by first-class mail.If the pre-trial order has been entered, please let me know. I would be happy to address that situation further if it applies to your circumstances.
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do i need to file anything with court?
do i just write a letter to defendant attorney that im admneding comlaint
Yes, the Amended Complaint should be filed with the court and it should be in the same format as the Original Complaint typically. A Certificate of Service should also be filed with the court indicating how the Amended Complaint was served on the Defendant (usually by first-class mail).Here is a link to a sample Certificate of Service you can use to draft one for this case:http://www.georgialegalaid.org/files/6FCBD72D-B465-109D-9EC1-5A4F52A74EE9/attachments/F5D96C78-75B8-457E-84B4-3BE027AF7D77/certificate-of-service.pdfThat should be all that is needed if a pre-trial order has not been entered yet. Each court has their own local rules and the local rules usually require an original and one or two copies be filed with the court, so you may want to check the local rules to determine how many copies the court needs, or contact the clerk of the court with that question. If I am unsure, I usually have an original and 3 copies prepared for filing. If you are filing electronically, then just the original need be filed typically.
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i just filed admendment for complaint today may 13. but today i notice in courts website that order to appear was sent. i didnot recieved the official letter yet. i dont know the court date yet. am i too late to file this
do i need to file motion to leave