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LSDefine
Simple English definitions for legal terms
amended complaint
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A quick definition of amended complaint:
An amended complaint is a written change to the original complaint made by the person who started the lawsuit. They can make this change within 21 days of filing the original complaint or before the other side responds. If they want to make a change after that, they need permission from the court or the other side. The person who started the lawsuit might want to make changes to add more information, fix mistakes, or add more people to the lawsuit. Once the other side gets the new complaint, they can respond to it.
A more thorough explanation:
An amended complaint is a written document that revises the original complaint filed by a plaintiff or petitioner in a legal case. It is a way for the plaintiff to make changes to their original complaint, such as adding new claims or correcting factual errors.
For example, if a plaintiff filed a complaint against a defendant for breach of contract, but later discovered that the defendant had also committed fraud, they could file an amended complaint to add the fraud claim.
According to Rule 15 of the federal rules of civil procedure, a plaintiff can amend their complaint once within 21 days of serving the original complaint or before the defendant answers the complaint. After that, the plaintiff must seek consent from the court or the defendant to make any changes.
The court will generally allow a plaintiff to amend their complaint if justice requires it. Once the defendant receives the amended complaint, they have the opportunity to respond to it.
Overall, an amended complaint is a way for plaintiffs to make changes to their original complaint in order to strengthen their case and seek the relief they are entitled to.