[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Designation] [Court Name] [Court Address] [City, State, ZIP Code] Re: Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint Dear [Recipient's Name], I hope this letter finds you well. I am writing to submit a Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint on behalf of the [Defendant's Name] in the above-mentioned case pending before this honorable court. BACKGROUND: The case at hand involves a (briefly explain the nature of the dispute, summarize the events leading to the litigation and describe the parties involved). The plaintiff has filed both an Amended Complaint and a subsequent Second Amended Complaint, ostensibly seeking to modify, amend, or adduce new claims, allegations, or parties to this litigation. MOTION TO STRIKE PLAINTIFF'S AMENDED COMPLAINT: 1. Lack of Proper Service: The plaintiff failed to comply with the applicable rules of civil procedure regarding proper service of the Amended Complaint upon the defendant. As such, the Amended Complaint should be struck from the record due to insufficient service. 2. Untimeliness: The plaintiff submitted the Amended Complaint beyond the statutory time limit as prescribed by [cite the relevant state or local rules of civil procedure]. The untimeliness of the Amended Complaint violates the defendant's rights to a fair and timely resolution of the case. 3. Futility: The Amended Complaint fails to rectify the defects and deficiencies identified in the original Complaint. The amended claims lack merit, are speculative, and do not state a cognizable cause of action, thereby imposing an undue burden on the defendant to defend against baseless claims. MOTION TO STRIKE PLAINTIFF'S SECOND AMENDED COMPLAINT: 1. Prevailing Arguments: The plaintiff's Second Amended Complaint primarily repeats the allegations and claims made in the original Complaint and Amended Complaint. The defendant has already responded to these allegations, and the Second Amended Complaint adds no new substantive material or legal basis to justify its inclusion in this litigation. 2. Undue Delay: The plaintiff's filing of the Second Amended Complaint after an extended period of litigation and discovery unfairly prejudices the defendant by causing unnecessary delays, increasing costs, and frustrating the resolution of this case in an efficient and timely manner. 3. Judicial Economy: Striking the Second Amended Complaint would serve the interests of judicial economy and prevent the court and parties from expending additional resources and time on irrelevant or superfluous claims that have no bearing on the core issues of this case. REQUEST FOR RELIEF: In light of the aforementioned reasons, the defendant respectfully requests that this honorable court grant the motion to strike both the Amended Complaint and Second Amended Complaint. Should the court find it appropriate, the defendant also requests leave to file a responsive pleading or a motion challenging the remaining portions of the complaint, if any, after the Amended Complaint and Second Amended Complaint are struck. Thank you for your attention to this matter. We appreciate the court's consideration and look forward to the prompt resolution of the issues raised herein. Yours sincerely, [Your Name] [Your Attorney/Firm's Name, if applicable]
New Hampshire Sample Letter for Motion to Strike Plaintiff's Amended Complaint and Second Amended Complaint
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How to fill out New Hampshire Sample Letter For Motion To Strike Plaintiff's Amended Complaint And Second Amended Complaint?
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FAQ
? A complaint or information may be amended, in form or in substance, without leave of court at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and and when it can be done without causing prejudice to the rights of the accused.
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.
A party shall plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders.
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.
Any party, including the agency, may amend any pleading or notice without leave of the agency until the eighth day prior to the date set for the hearing on the matter. Thereafter a party may amend his pleadings only by leave of the Board or its designee, and leave shall be freely given when justice so requires.
