© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION AMENDING THE PLEADINGS.

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Presentation transcript:

© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION AMENDING THE PLEADINGS

2 AMENDMENT— supplement to augment original pleading.

3 AMENDED PLEADING— replaces original pleading.

4 STATE COURT RIGHT TO AMEND A party has right to amend once before the answer is filed, or by leave of court.

5 AMENDING BY LEAVE OF COURT Ex parte for naming DOE defendants Noticed motion for amending material allegations Leave liberally granted

6 CLAIM ADDED AFTER STATUTE OF LIMITATIONS Will “relate back” if based on: 1. same facts as initial pleading; 2. damages for the same injuries; and 3. same occurrence.

7 NAMING DOEs Permitted if 1. DOEs alleged; 2. causes alleged against DOEs; 3. pleader was truly ignorant at time of initial pleading; and 4. requirements of “relation back” met.

8 AMENDING FEDERAL PLEADINGS Amendments/amended pleadings Supplemental pleadings

9 AMENDMENT/AMENDED PLEADING— concerns events before complaint was filed.

10 SUPPLEMENTAL PLEADING— concerns events after complaint was filed.

11 RIGHT TO AMEND— same as state court.

12 SUMMARY Amended Pleadings, Amendments PREVIEW Calendaring Pleadings