Massachusetts Motion for Leave to Amend Complaint to Conform to the Evidence
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How to fill out Motion For Leave To Amend Complaint To Conform To The Evidence?
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FAQ
Instead of appealing, in some cases, you may be able to request a change (modification) of the court order by filing a Motion to Amend or Motion to Modify.
An amendment to a pleading must be based on facts that occurred prior to the pleading being filed. But a supplemental pleading addresses situations or facts that arise after the pleading is filed.
Amend- ed pleadings allow the party to add claims, parties, or defenses based on facts that occurred before the original pleading was filed. Supplemental pleadings allow the party to add claims or defenses based on facts that occurred after the original plead- ing was filed.
Rule 12(f) indicates explicitly that although the court may, sua sponte, clean up the pleadings (literally and figuratively) at any time, it may strike an insufficient defense only if the plaintiff takes the initiative.
If no cause of action has been stated but the court believes there may be more facts that will enable the plaintiff to state a cause of action, the court sustains the demurrer "with leave to amend," in which case the plaintiff can restate his or her case in an amended complaint.
The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party's action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.
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.