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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  Licensed to Practice Law
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Refiling of Exhibits in Federal Rules

Resolved Question:

Can you tell me under what Federal Rule of procedure in a civil case it would be required to refile exhibits with an amended complaint that were already admitted with a prior amended complaint? Especially when there was a stipulation made at the end of the amended complaint that "plaintiff adopts all prior submitted exhibits as if set forth herein."

Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

You're not going to find that issue covered in the Federal Rules of Civil Procedure. Whether or not you need to refile the exhibits is up to the judge. However, in my opinion, it would be foolish not to refile the exhibits since the exhibits that were filed in the past were part of that earlier complaint, and that complaint is being replaced by the amended complaint. So, I wouldn't take a chance that the exhibits filed with the original complaint will be considered to be incorporated in the amended complaint. Would it be fatal to the case? Not likely. But why create an unnecessary headache that can be easily avoided by simply resubmitting copies of the exhibits?

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9586
Experience: Licensed to Practice Law
TJ, Esq. and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Considering the great lengths most state courts go to with rules and stipulations aimed reducing unnecessary redundancy of documents, I am surprised -- especially with electronic filing in Federal Courts -- that there isn't something noted as precedent for reducing this need. They are in the record; clearly on the docket tree and noted; and they are specifically referred to being adopted in the following amended complaint.

Is there a particular way "attaching" them to an already filed Amended Complaint needs to be done? Or just go back to the Clerk with another copy of both and be redundant about the same complaint?

After thinking about this, I guess a MOTION TO ATTACH EXHIBITS would suffice?

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Q: Considering the great lengths most state courts go to with rules and stipulations aimed reducing unnecessary redundancy of documents, I am surprised -- especially with electronic filing in Federal Courts -- that there isn't something noted as precedent for reducing this need. They are in the record; clearly on the docket tree and noted; and they are specifically referred to being adopted in the following amended complaint.
A: I totally understand your point. My point was merely that with something important like a lawsuit on the line, I wouldn't want to test that logic without knowing in advance that there won't be a problem. Since the Federal Rules don't deal with those kinds of details, it is up to the judge. Something else you could do is contact the judge's law clerk and ask what that particular judge prefers.

Q: Is there a particular way "attaching" them to an already filed Amended Complaint needs to be done? Or just go back to the Clerk with another copy of both and be redundant about the same complaint?
A: If you already filed the amended complaint, then I'd first contact the judge's law clerk as mentioned above and ask. If you can't get a straight answer, then I'd just file the exhibits with a praecipe. I wouldn't file another copy of the amended complaint.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9586
Experience: Licensed to Practice Law
TJ, Esq. and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Is "praecipe" in your context different than I understand, which is usually a writ from the bench, or would my Motion To Attach be the same?

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

A praecipe is basically just a note to the file for the court clerk and/or judge to read. So, the praecipe would tell the clerk and anybody else reading the file that the exhibits go with the amended complaint.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9586
Experience: Licensed to Practice Law
TJ, Esq. and 13 other Legal Specialists are ready to help you

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