Legal Question in Civil Litigation in Florida

How do I amend an original complaint before service is done?

I have just filed a lawsuit in Fla circuit court on 2/4. I have not served any parties in it yet, today I saw one party was left out of one count, there are 4 counts and I only put one defedants name in that count, the count itself will not make sense without 2 parties named in it. How do I now amend this complaint with the court before I serve the defendants, just need actual list of things to do, like must I rewrite the entire complaint and send it in with a motion? can pro sers send this in, I was at court when original was filed, due to pro se laws, must I go back there or send it in? I do not live near the court, thousands of miles away. Do I send money for the motion? How long do they take to decide on that or do I just go ahead and still serve the defendants the original complaint first and then send that after? Will it extend the time line for them to answer if they get this later? I would rather fix it now then later because it is fixable now without their approval and of course the defendant that is not on that one will not want to be. What is the best way to do this, and I know.... I am looking for a lawyer but... I must continue on as the court states pro se or not. Thanks


Asked on 2/18/08, 5:57 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: How do I amend an original complaint before service is done?

You may amend you complaint as a matter of right, even if the defendants have been served, at any time up till there has been a responsive pleading filed. Just file an amended complaint correcting your errors and then have the original and the amended complaint served at the same time. Happens all the time.

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Answered on 2/24/08, 1:46 pm


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