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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31014
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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hi, i filed a motion 7 days ago, then a first amended 6 days

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hi, i filed a motion 7 days ago, then a first amended 6 days ago. I need to amend one last time. Do i need to motion for leave to amend? Or can i just amend it? what is the period in most federal courts to amend without leave? thank you
Hi - thanks for looking me up again.

I don't think you have to ask for leave, you just file an amended motion, but let me check on it.

Hi -

 

I did some looking and I can't find any FRCP that deals with filing an amended motion. Rule 15 deals with amended pleadings (http://www.law.cornell.edu/rules/frcp/rule_15), but that's for complaints and answers - not motions.

 

Unless there is some local rule that provides a procedure to amend a motion, then there likely isn't one.

 

In my practice, if I've ever amended or supplemented a motion, I've just drafted and filed it with the court. Obviously, the opposing party will have time to respond to the amended motion, and if a hearing date has been set, it could be moved back because of the amended/supplemental filing, but I don't find anything that prohibits you from doing this.

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Customer: replied 3 years ago.

thank you very much :)

Sure.

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