Amending Pleadings Flashcards
What can be Amended to SUMMONS?
- To Add New Parties
- To Correct Names of Named Parties
But the SOL will apply to Amendments
What can be Amended to COMPLAINT?
- To correct factual mistakes
- To add new facts
- To add new theories of liability
- To add new allegations of damages
But the SOL will apply to Amendments
Amending Pleadings - CPLR 3025 (a)
As of right
- within 20 days of service of the pleading
- Any time prior to the expiration of the time to respond to the pleading
- within 20 days after a pleading responding to it has been served
Amending Pleadings - CPLR 3025 (a) QUESTION
- IF Complaint is served by personal delivery on June 5, 2024 – When can amended complaint be served?
a. June 25, 2024
b. July 5, 2024 - IF Answer is served on June 25, 2023
– What is latest date to serve Amended Complaint? c. July 15, 2024 - WHAT IF Complaint is served by substituted service on June 6, 2023
After the As of Right Time CPLR 3025(b)
- By stipulation of all parties
- By leave of court on a motion
Bill of Particulars
- a pleading, not disclosure/discovery – amplifies the allegations in the complaint
- Defendant asks plaintiff to amplify the allegations of the complaint
- Plaintiff asks defendant to amplify the allegation of the affirmative defenses
- In PI cases: the limits of BP are spelled out in CPLR 3043
Bill of Particular: Amendment as of Right
Before the Note of Issue is Filed –> Once
After the Note of Issue is Filed –> make a motion [CPLR 3025]
Supplemental Bill of Particulars
Any time up to 30 days before trial. CPLR 3043(b)
* As long as the Bill does not add a new cause of action or new injury
* Strategy: Guess where the fight is?
* Is it a Supplemental BP or an Amended BP.
Move to Conform the Pleadings to the Evidence
When trial evidence is different from pleadings, move to conform the pleadings to the evidence pursuant to CPLR 3025(c).
