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1. When an amended response to a motion is filed, and the…

1. When an amended response...
1. When an amended response to a motion is filed, and the court was not asked for leave to amend at the time, is it ok to ask leave of the court (when you realize you should have probably filed both a request for leave to amend AND the amended response to the motion to dismiss) at a later date?
2. When there is a hearing scheduled, is it better to ask for leave to amend that response at the hearing?
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Answered in 5 minutes by:
1/6/2018
rayanswers
rayanswers, Attorney
Category: Education Law
Satisfied Customers: 45,197
Experience: Texas lawyer for 30 years representing children and parents.
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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I would go on and ask for leave here, the court should grant it, it is to be freely given.That way you are free to amend.I would do this you don't want them to claim you didn't ask for leave here.This should not be a problem to go on and motion for leave to correct the problem.You have the right ideas to do this.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated

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Customer reply replied 1 month ago
Thank you. I also need to cite the rule/case that says when considering a response to a motion to dismiss, the court is supposed to allow you to amend even if you didn't specifically ask for that when you filed the response. It seems like some courts do this on their own anyway, but just in case, I need to cite that rule/case.

Federal rules allow you leave to amend here.

Sample motion

https://www.ftc.gov/sites/default/files/documents/cases/2013/04/130409phoebemtn-cmpt.pdf

If leave is granted then your amendment will be valid at that point and any objection moot.

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Customer reply replied 1 month ago
Since the motion to seek leave to amend does not involve a hearing date, ex-parte, do you still need a 'notice of motion'? i.e., notice of motion and motion to seek leave to amend?

No just send copy of the motion to other party after you file original with court.That should do it , court likely just grants it here.

rayanswers
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