This form is a sample personal injury complaint seeking damages as a result of defendant's employee striking plaintiff with shopping cart.
Missouri Amended Complaint - Shopping Cart Injury
State:
Multi-State
Control #:
US-PI-0285
Format:
Word;
Rich Text
Instant download
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Public form
Description
How to fill out Amended Complaint - Shopping Cart Injury?
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FAQ
An amendment to the Pleading is an addition, substitution, or change in the original pleading related to matters occurring prior to the commencement of the action, such as adding or striking out the name of any party, or by correcting a mistake in the name of the party, or a mistake in any other respect; the amendment ...
In short, for purposes of the statute of limitations, such a cross-complaint against a third party is treated the same as a complaint and subject to the same "relation back" doctrine.
This portion of the rule is the source of the famous ?relation-back? doctrine that magically allows an amendment to relate back to the time of an original filing, and therefore satisfy an applicable statute of limitations.
Unless an amended complaint relates back to a timely filed original complaint, it will be barred by the statute of limitations.
The main purpose of a relation-back doctrine is to permit a plaintiff to amend a complaint to allege different or addi- tional theories of recovery after expiration of the applicable statute of limitations, typically after discovery has disclosed new information. The doctrine of relation back has two com- ponents.
A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
What is Relation Back? The concept that an act done at a later time is legally deemed to have occurred at an earlier time. For example, a duly authorized amended complaint will relate back to the date of filing of the original for statute of limitations purposes.
Any motion for new trial and any motion to amend the judgment or opinion shall be filed not later than thirty days after the entry of judgment. Any motion for judgment notwithstanding the verdict shall be filed within the time provided in Rule 72.01.