[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Re: Motion to Strike Plaintiff's Amended Complaint Pursuant to Delaware Rules of Civil Procedure [Rule Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing to address a matter concerning the Plaintiff's recently filed amended complaint in the above-mentioned case. As the Defendant in this matter, I respectfully submit this letter as a Motion to Strike Plaintiff's Amended Complaint, pursuant to the Delaware Rules of Civil Procedure [Rule Number]. Background Information: Provide a brief overview of the background and nature of the case, mentioning the specifics of the original complaint and the subsequent filing of the amended complaint. Clearly state the reasons why you believe the amended complaint should be struck. Legal Grounds: Now, let's delve into the legal grounds supporting the Motion to Strike Plaintiff's Amended Complaint. Discuss the applicable Delaware Rules of Civil Procedure that allow for the striking of an amended complaint under specific circumstances. Expound upon the relevant rule(s), citing the exact rule number, and explain how these rules align with the current situation. Arguments: 1. Lack of Legal Basis or Factual Support: Analyze the amended complaint in detail and point out any deficiencies in legal basis or factual support. Clearly state that the Plaintiff has failed to meet the required burden of proof or establish a valid claim. Cite specific instances or discrepancies in the amended complaint, highlighting how they depart from the legal standards set forth in Delaware. 2. Undue Prejudice or Delay: Demonstrate how the Plaintiff's filing of the amended complaint would cause undue prejudice or delay to the proceedings. Discuss any prejudicial effects that the amendment may have on the defense strategy, availability of evidence, or fairness of the trial process. Emphasize the importance of resolving the case in an efficient and timely manner. 3. Failure to Cure Deficiencies: If the Plaintiff's amended complaint was originally filed to address deficiencies in the original complaint, provide evidence to support the contention that the Plaintiff has failed to adequately cure those deficiencies. Cite specific discrepancies or failures to amend properly, thus undermining the legitimacy of the amended complaint. Conclusion: In conclusion, I respectfully request that the court consider this Motion to Strike Plaintiff's Amended Complaint and grant the relief sought. By striking the amended complaint, the court can uphold procedural fairness, prevent undue delay or prejudice, and promote the efficient administration of justice in accordance with the Delaware Rules of Civil Procedure. Thank you for your attention to this matter. I look forward to a favorable resolution. Please do not hesitate to contact me if there is any additional information or documentation required to support this Motion. Sincerely, [Your Name]
Delaware Sample Letter for Motion to Strike Plaintiff's Amended Complaint
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How to fill out Sample Letter For Motion To Strike Plaintiff's Amended Complaint?
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Rule 17 - Parties Plaintiff and Defendant; Capacity (a) Real party in interest. Every action shall be prosecuted in the name of the real party in interest.
Rule 11 - Signing of pleadings, motions, and other papers: Representations to Court, sanctions (a) Signature. Every pleading, motion, and other paper shall be signed by at least 1 attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the Court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
A party may move?at any time, even after judgment?to amend the pleadings to conform them to the evidence and to raise an unpleaded issue.
Rule 11 - Signing of pleadings, motions, and other papers: Representations to Court, sanctions (a) Signature. Every pleading, motion, and other paper shall be signed by at least 1 attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.
Motion to Amend the Complaint ? A party's request that the Court permit the party to change a Complaint previously filed with the Court.
A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been set for trial, the party may so amend it any time within 20 days after it is served.
Amended complaint. n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), or upon order of the court.
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.
