Legal Question in Civil Litigation in Louisiana

Deadline to amend civil petition for damages

I filed suit in state court, pro se, in 1998 against multiple defendants. One defendant (DEF ''A'') provided an answer, and another (DEF ''B'') filed an exception, set for hearing without date by the judge. The petition was amended by counsel to cure the exception of DEF ''B'', and this amended petition presented federal question, resulting in the suit being removed to US District Court. Federal court disposition had all action against DEF ''A'' dismissed, and pendant state charges against DEF ''B'' remanded to state court. Since DEF ''B'' has never provided any answer, can the petition be amended again, these years later, to add ''Intentional Infliction of Emotional Distress'' as a claim?


Asked on 5/02/03, 8:33 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Deadline to amend civil petition for damages

I give this answer very cautiously since there are many variables concerning document filing and their meanings that can only be determined by reviewing the record. That said, if your original amendment raised only a federal question as to A and not B, and B never answered in either the state action or the federal action, then you can amend the petition at any time prior to answer. Whether your amendment raises a cause of action which was present at the original filing is the question. If your "intentional infliction of emotional distress" arose after the original lawsuit you may be forced to file a separate suit, or it may have prescribed. Why not default B? Go immediately to an attorney so you don't do the wrong thing.

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Answered on 5/02/03, 8:42 am


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