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Mississippi Amended Complaint

Amended Complaint Sample

Name: Mississippi Amended Complaint
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.88 (217 reviews)

Category:

Mississippi Civil Actions - Medical Malpractice - Sample Case 1

State:

Mississippi

Control #:

MS-61024

Format:

Instant download

Description

Amended Complaint: An Amended Complaint is the pleading which alters the first pleading filed in a cause of action. It states the allegations of the Plaintiff against the Defendant. This particular Amended Complaint is to be used in a disagreement concerning faulty medical care. This form is available for download in both Word and Rich Text formats.

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FAQ

Provision for Amendment of pleadings has been stated in Order 6 Rule 17 of the Code of civil procedure. But the court will allow amendment only if this amendment is necessary to determine the controversy between the parties. The purpose of this provision is to promote ends of justice and not to defeat the law.

At the very outset, it would be relevant to mention there is a limited scope of amendment in a criminal complaint as under the Indian Law there is no express provision for amending a criminal complaint. However, in a recent case of S.R. Sukumar v.Amendment does not change the original nature of complaint.

(e) (1) In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action.

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.

The court should freely give leave when justice so requires. (3) Time to Respond. 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.

Amended Complaint Sample

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When can plaint be amended?

Can complaint be amended?

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