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Rule 15(c)(1) indicates that an amendment to a complaint will relate back to the date of the original pleading if certain conditions are satisfied. First, the law that provides the applicable statute of limitations must allow the relation back. Fed.
Serving the Response Once you file your response to the plaintiff's lawsuit, you must serve a copy on the plaintiff. You can also serve a copy of your response BEFORE you file the original with the court. Either way, make sure you file your response before the 30 days are up.
A party must plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders. Procedure 1.190(a), which provides: Amendments.
(c) Relation Back of Amendments. When the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment shall relate back to the date of the original pleading.
N. a changed written pleading in a lawsuit, including complaint or answer to a complaint.
Take the documents to the courthouse that is written on the Summons & Complaint and proceed to the unlawful detainer filing window in the Clerk's Filing Office. The clerk will take the original General Denial Answer and Fee Waiver Request & Order. Seek out assistance within 10 Calendar Days to file an AMENDED ANSWER.
Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.
(a) Amendments. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.