Legal Question in Intellectual Property in California
I am an IP Pro Se litigant in North California Federal court.
1- I filed a complaint on ?/?/2012
2- Transferred my case from one city to another
3- Defendant file a motion to dismiss
4- My scheduling changed! My CMC and Motion hearing both were in the same day!
5- I had only less than 24 hours to finish the Joint CMC,
5a- I forgot to fill in ammend question, because I wanted to add to my Complaint: "Fraud"
6- One day before Hearing I get a phone call from court that CMC is another 3 weeks.
7- The Pro Bono said to keep my mouth shut and say nothing about that Because:
A. If the Judge says I can ammended than I save time and can do it any way!!
8- In the Hearing I could did not say anything, because it was all about Motion to dismiss.
Please help me, Can I still ammend my original complaint, or is to late?
The defendant has not answered to complaint yet!
1 Answer from Attorneys
Federal Rule of Civil Procedure 15 provides, in relevant part:
"(a) Amendments Before Trial.
(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.
(2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.
(3) Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later."
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