Massachusetts Sample Letter for Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, ZIP] Re: Case Number: [Case Number] Plaintiff: [Plaintiff's Name] Defendant: [Defendant's Name] Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint Dear [Judge's Name], I hope this letter finds you in good health and high spirits. I am writing to file a Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint in the above-captioned case. I request this motion be considered in accordance with the rules and regulations governing civil procedures in Massachusetts. Keywords: Massachusetts, sample letter, motion to strike, plaintiff's amended complaint, second amended complaint, civil procedures. Background: This case centers on the ongoing dispute between the plaintiff, [Plaintiff's Name], and the defendant, [Defendant's Name]. The plaintiff has filed an Amended Complaint and, subsequently, a Second Amended Complaint that allegedly presents new claims, arguments, or facts. However, I firmly believe that these amended complaints are improper, redundant, and seek to cause unnecessary delay and confusion in this legal proceeding. Reasons for Motion to Strike: 1. Lack of legal basis: The plaintiff's amended complaints fail to demonstrate any new legal grounds that were previously unavailable or unknown. Instead, they merely serve as a repetition of the original complaint, creating confusion and prejudicing my client, [Defendant's Name]. Without a valid legal basis, these amended filings serve no purpose other than to unnecessarily prolong the litigation process. 2. Prejudice and undue burden: Granting the plaintiff's request to introduce additional amended complaints would undoubtedly prejudice the defendant's rights and impose undue burden and additional costs on my client. This action would require further investigation, responsiveness, and legal proceedings, extending the trial period without any justifiable cause. 3. Delay in proceedings: Allowing multiple rounds of amended complaints would significantly delay and disrupt the timely resolution of this case. It is essential to uphold the principles of judicial efficiency and avoid unnecessary prolongation, all the while ensuring access to a fair trial for both parties involved. Conclusion: In light of the aforementioned reasons, I respectfully request that this honorable court grants the motion to strike the plaintiff's Amended Complaint and Second Amended Complaint. Doing so would save precious judicial resources, streamline the trial proceedings, and ensure fairness and justice to all parties involved. Thank you for your attention to this matter. I trust that this motion will be given due consideration and that an appropriate decision will be made promptly. Should the court require any further information or documentation to support this motion, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Yours sincerely, [Your Name] [Your Bar Association Number, if applicable]
Massachusetts Sample Letter for Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint
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An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.
An amended pleading is a pleading that is entirely rewritten pertaining to matters of substance, and is used in place of, and supersedes the original pleading; an amended Complaint should be verified the same as the original Complaint and a Summons issued and served on un-served defendants, and time to answer or ...
(c) Relation Back of Amendments. Whenever 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 (including an amendment changing a party) relates back to the original pleading.
An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
In almost all jurisdictions (the Second Circuit may look at the futility of the amended complaint first), an amended complaint supersedes all prior complaints, thus motions directed at the superseded pleading generally will be denied as moot.
C.C.P. § 436 allows for a motion to strike ?any irrelevant, false, or improper matter asserted in any pleading? or portion of a pleading ?not drawn of filed in conformity with the laws of this state.? A motion to strike is proper ?when a substantive defect is clear from the face of a complaint.? (PH II, Inc.
Summary. In almost all jurisdictions, an amended complaint supersedes all prior complaints, thus motions directed at the superseded pleading generally will be denied as moot.
