Templates Litigation Court Documents Motion to Amend Complaint
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[COURT NAME]
[COUNTY], [STATE]

[PLAINTIFF NAME], )
Plaintiff, ) Case No. [CASE NUMBER]
v. )
[DEFENDANT NAME], )
Defendant. )

MOTION FOR LEAVE TO AMEND COMPLAINT

NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, [PLAINTIFF] will and hereby does move the Court for leave to file the [FIRST/SECOND] Amended Complaint.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Introduction

Leave to amend should be freely granted because [PLAINTIFF] seeks to clarify allegations and add claims supported by recently discovered facts.

II. Background

  • Current pleading filed: [DATE]
  • Basis for amendment: [NEW FACTS, NEW CLAIMS, OR CLARIFICATIONS]
  • Procedural posture: [DISCOVERY STATUS, UPCOMING DEADLINES]

III. Legal Standard

Courts should freely grant leave to amend when justice requires, absent undue delay, bad faith, repeated failure to cure deficiencies, undue prejudice, or futility.

IV. Argument

A. The amendment is timely and made in good faith.
[Explain diligence and timing.]

B. The amendment will not prejudice [DEFENDANT].
[Explain why discovery and scheduling can accommodate amendment.]

C. The proposed amendment is not futile.
[Summarize the legal basis for new or revised claims.]

V. Requested Relief

[PLAINTIFF] respectfully requests that the Court:
1. Grant leave to file the [FIRST/SECOND] Amended Complaint attached as Exhibit A.
2. Set a deadline for [DEFENDANT]'s response to the amended pleading.

CONCLUSION

For the foregoing reasons, the Court should grant leave to amend.

Respectfully submitted,

text
Dated: [DATE]

______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for [PLAINTIFF]

CERTIFICATE OF SERVICE

I certify that on [DATE], I served the foregoing Motion for Leave to Amend Complaint on all counsel of record via [METHOD OF SERVICE].

text
______________________________
[ATTORNEY NAME]

[PROPOSED] ORDER

The Court, having considered [PLAINTIFF]'s Motion for Leave to Amend Complaint, ORDERS as follows:
1. Leave to file the [FIRST/SECOND] Amended Complaint is GRANTED.
2. [DEFENDANT] shall respond to the amended pleading by [DATE].

IT IS SO ORDERED.

Dated: [DATE]

__________________________________
[JUDGE NAME]
[STATE] Judge

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Motion to Amend Complaint

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