Mississippi Agreed Order Allowing Amended Complaint
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Amend. v. to alter or change by adding, subtracting, or substituting. One can amend a statute, a contract or a written pleading filed in a law -suit. The change is usually called an amendment.
(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.
Once a defendant has answered, a first amended complaint can only be filed and served with leave of court. If the plaintiff did not get the court's permission, it is not deemed a valid first amended complaint.
1 : to put right especially : to make emendations in (something, such as a text) amended the manuscript. 2a : to change or modify (something) for the better : improve amend the situation. b : to alter especially in phraseology especially : to alter formally by modification, deletion, or addition amend a constitution.
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.
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.
App. 352 251 P. 959, holds that when the original summons has been returned and filed, the clerk of the court has the power and the duty to issue an amended summons on the filing of an amended complaint which names a new party defendant.
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.
