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A plaintiff is requesting to amend his complaint for the 3rd…

A plaintiff is requesting to...
A plaintiff is requesting to amend his complaint for the 3rd time to increase the amount sought. Can I oppose it and under which grounds?
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Answered in 5 minutes by:
3/21/2018
LegalPro
LegalPro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 14,387
Experience: Consumer protection attorney with significant experience in fraud prevention.
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Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

There is a strong policy in favor of allowing plaintiffs to amend their complaints. You would need to show that you would somehow suffer prejudice as a result of the amendment, which would be very hard to show when the plaintiff is only seeking to increase the claimed amount of their damages. It would be different if they were trying to introduce completely new causes of action or something along those lines, but with damages your preparation of the defense would likely remain the same regardless of what is being claimed so prejudice is quite tough to show. Still, if you can think of a way you would be prejudiced, that is what you would want to focus on. If the plaintiff should have known their damages were greater when they filed the previous amendments, you can also mention that and argue that they should have amended damages when they had the chance before.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Customer reply replied 3 months ago
Does the plaintiff need a court s permission to amend the complaint? If granted, does the defendant need a permission for amended answer or can just file an amended answer?

Thank you. The plaintiff would need to file a motion requesting the court's permission to amend the complaint. The defendant would not need permission to file an amended answer, they would automatically be expected to file an "Answer to Plaintiff's 3rd Amended Complaint."

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Was there anything else I can do for you here before we wrap up?

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Customer reply replied 3 months ago
awesome ......thanks a lot!

I'm very glad I could help!

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

LegalPro
LegalPro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 14,387
Experience: Consumer protection attorney with significant experience in fraud prevention.
Verified
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