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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Should I request leave to amend the answer and file the amendments

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Should I request leave to amend the answer and file the amendments with it, or wait for the judge to grant leave before filing? And do I file the entire answer, or just the amended defenses?

Thank you for your question.

When filing leave to amend any pleading, you attached the actual amended pleading with the Motion for Leave to Amend. So in this case, yes, you would file the amended answer along with the request for leave to amend.

In regard to whether you file the entire answer or just the amended defenses, you need to file the ENTIRE answer (including the amended defenses). This is very very important as an Amended Answer will be seen as a stand alone document which completely replaces that answers filed before it. So it is important that the Amended Answer contain all of the answer.

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Best Regards,
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