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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.

A motion to amend a complaint is a request to the court to change the original court filing documents. It means to change the basis for the case in some way. A motion to amend a complaint is the formal way of asking the court for permission to change the original complaint.

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.

2021 California Rules of Court (2) "Amended pleading" means a pleading that completely restates and supersedes the pleading it amends for all purposes.A supplement to a pleading may add information to or may correct omissions in the modified pleading.

An answer may be amended once without leave of court within ten (10) days after the answer was filed, or if there is a demurrer to the answer, amendment without leave of court may be made before the demurrer hearing. Amendment as a matter of right is made by filing and serving the amended pleading.

It means to change the basis for the case in some way. A motion to amend a complaint is the formal way of asking the court for permission to change the original complaint.

7. Ifyou have not added new defendants in your amended complaint, you must serve the amended complaint on the defendant who has not yet been properly served. If you have added new defendants, the Court will issue an amended summons which must be served with the amended 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.

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Can you amend complaint after answer?

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