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Legal Definitions - amended complaint
Definition of amended complaint
An amended complaint is a revised version of the original legal document that a plaintiff (the person or entity initiating a lawsuit) files to start a court case. It replaces the initial complaint and is used to correct mistakes, add new information, include additional parties, clarify legal claims, or introduce new requests for relief that were not part of the first filing.
Plaintiffs might amend their complaint for various reasons, such as discovering new facts after the initial filing, realizing they omitted a crucial detail, or needing to add another individual or company who should also be involved in the dispute. Depending on the stage of the lawsuit, the plaintiff might be able to file an amended complaint automatically, or they may need to seek permission from the court or agreement from the opposing party (the defendant). Once an amended complaint is filed, the defendant is given an opportunity to respond to the updated allegations.
Here are some examples of when an amended complaint might be filed:
Correcting Factual Errors: Imagine a person sues a construction company for damages caused by a leaky roof, initially stating the wrong date the roof was installed. After reviewing their records, they realize the installation date was actually several months earlier. The plaintiff would file an amended complaint to correct this factual error, ensuring the legal document accurately reflects the timeline of events and strengthens their case.
Adding New Parties: Consider a situation where a pedestrian is injured by a delivery truck. The pedestrian initially sues only the truck driver. However, during the initial investigation, they discover that the truck had faulty brakes and that the driver's employer was aware of the defect but failed to maintain the vehicle. The pedestrian would then file an amended complaint to add the employer as an additional defendant, arguing that the company is also responsible for their injuries due to negligence in vehicle maintenance.
Introducing New Claims: Suppose a small business owner sues a supplier for failing to deliver goods as per their contract, initially claiming only breach of contract. Later, during the discovery process, the business owner uncovers evidence suggesting the supplier intentionally misrepresented the quality of the goods from the outset. The business owner would file an amended complaint to include a new claim for fraud, expanding the legal basis of their lawsuit to reflect the newly discovered deceptive practices.
Simple Definition
An amended complaint is a revised version of the original legal document a plaintiff files to initiate a lawsuit. It modifies and replaces the initial complaint, often to correct information, add new claims, or include additional parties. This updated document then becomes the operative complaint in the case, requiring a response from the defendant.