Complaint

Question 1

What are the contents of a complaint?

Answer 1

a) Grounds for subject-matter jurisdiction
b) Statement of facts that are sufficient to show that P is entitled to relief
c) Demand for judgment and the relief sought

Question 2

How can a party amend a complaint?

Answer 2

Party can amend pleading once as a matter of right within 21 days of serving it or, if an answer or motion to dismiss has already been filed, within 21 days after that service

Question 3

Can an answer also be amended?

Answer 3

Yes, a party can amend an answer within 21 days of serving it

Question 4

Besides amending as a matter of right, how else could a party amend a complaint or answer?

Answer 4

Party can amend with permission.

If the party receives the permission of opposing parties, they can amend.

To receive permission from the court, the court will consider the reason for delay and prejudice

Question 5

What is the relation back rule for new claims?

Answer 5

If a party wants to amend a complaint to add new claims, the amendment is considered filed on the date of the original claim IF the new claim arises from the same transaction or occurrence as the existing claim

Question 6

What is the relation back rule for adding new parties?

Answer 6

The addition of new parties will relate back to the original filing date if the party to be added:
1. Knew of the suit soon enough to not be prejudiced and not later than time permitted for service,
2) Should have expected to be named as a D, AND
3) Was originally left out because of mistake in identity