Legal Question in Civil Litigation in California
Amending Complaint/Lawsuit
Lawsuit filed. Amendment needed. Judge saying need permission of court AND defendants. True or False?
It was noted when suit was filed that Plaintiff reserves right to amend without permission of court.
Can you direct me to Federal Rules of Law or laws that rule what can and cannot be amended. Suit has just been filed so not near any trial or discovery time yet. Case is Due process violations/Civil Rights deprivation & racketeering.
2 Answers from Attorneys
Re: Amending Complaint/Lawsuit
If you are a serious pro-se litigant you should have a copy of the Federal Rules of Civil Proceedure handy, as rules issues will come up periodically. The Court will not bend the rules because a pro-se litigant claims to not know them.
As to the present issue, Rule 15 is clear that you cannot unilaterally amend once the Defendant has Answered.
Re: Amending Complaint/Lawsuit
You have the right to amend the complaint once, without leave of court, before the defendant answers or its demurrer is heard. Code of Civil Procedure � 472. Thereafter, however, you must obtain leave of court to file an amended complaint, Code of Civil Procedure � 473(a), or obtain a stipulation from the defendant, and the court's entering of an order. If that doesn't happen, you will have to bring a motion.
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