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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118729
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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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
Thank you for your question. I look forward to working with you again.

If the other party has yet to answer your motion, but you have already amended without leave one time, you now need to file a motion for leave to amend, because a party can only amend ONCE by right without leave of court within 21 days of filing the motion.

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Customer: replied 4 years ago.

the other party did file a memorandum in response. So I assume I cannot amend? If not, can I put the thing i missed in the reply to response? I forgot to ask for a hearing because this court usually doesnt like to do hearings, but apparently for this (a motion for protective order) it does require one.

Thank you for your response.

You need to file a motion for leave to amend, you cannot just amend at this point. The motion for protective order requires a hearing so you do not need to ask for a hearing and the response to their reply you can add in there after you state your response that the court needs to hold a hearing because the parties cannot agree.
Customer: replied 4 years ago.

ok, so i dont need to ask for a hearing? because that is all i needed to add. if i dont need to ask for it, then I wont need to leave to amend. IM not sure what you mean as to my reply to their response.

You are entitled to reply to their response if you want to reply, but you do not have to do so. If you choose to reply to their response, at the end of your reply you can simply state a hearing is needed.
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Customer: replied 4 years ago.

thank you for the clarification...i want to reply, as they raised a ton of issues and lied also. I will add that in the end. thank you.

Thank you for your response. Stick to only what they raised in their objection and just highlight it with facts that disprove what they are saying. You want to keep your reply as short as you possibly can while addressing each issue they raised.
Law Educator, Esq. and 3 other Legal Specialists are ready to help you