What is a motion to amend a complaint in civil litigation?

A motion to amend a complaint is a request in a civil litigation case for permission to add, delete, or replace an allegation or a party. This is done when the plaintiff (the person who initiated the case) has recognized a mistake in their original complaint and wants to either add or change it. In New York, when a motion to amend a complaint is filed, it is considered a formal proposal to the court that addresses the changes they want to make to the document. Before a motion to amend a complaint can be submitted, the proposed amendment must be attached to the motion. At this point, the plaintiff must explain why they are requesting to amend the complaint and why the amendment would benefit the court. After the motion is filed, a hearing may be scheduled to allow the defendants to present arguments against the proposed change. If the court allows the motion to amend, they will grant approval of the changes. The amended complaint must be filed and served to the defendants in order for it to take effect. If the court refuses the motion, it may be necessary for the plaintiff to file a revised complaint or make other changes so that the proposed amendments are included.

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