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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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what is best way to write motion for leave to amend what is

Customer Question

what is best way to write motion for leave to amend
what is best way to explain why i need to amend
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

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?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.


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

Expert:  Tina replied 1 year ago.

I see. So he needs to add new counts to his complaint? Has the defendant answered the complaint yet?

Customer: replied 1 year ago.

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

Expert:  Tina replied 1 year ago.
Thank you very much for the additional information. I have a better understanding of the proceedings now and am working on your answer. Thank you for your patience while I prepare it for you.
Expert:  Tina replied 1 year ago.

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.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Legal
Satisfied Customers: 32721
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

do i need to file anything with court?


do i just write a letter to defendant attorney that im admneding comlaint

Expert:  Tina replied 1 year ago.

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.pdf

That 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.

Expert:  Tina replied 1 year ago.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you.

Customer: replied 1 year ago.


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

Expert:  Tina replied 1 year ago.
Yes, you might be too late. I would wait to receive the order and see what it contains. If it is something unusual, it may not be recognized as a pre-trial order.

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Tina
Tina
Attorney and Counselor at Law, Mediator
8681 Satisfied Customers
JD, BBA Over 25 years legal and business experience.