What is a motion to amend a complaint in civil litigation?
A motion to amend a complaint in civil litigation is a court filing that is used to modify or add to an original pleading that has already been filed with a court. This motion is often used in cases where additional facts or claims must be added or when available remedies have become outdated due to intervening legislation or judicial decisions. In Pennsylvania, this motion must be filed with the court where the original complaint was filed. It must also include the proposed amendments or additions that are being requested. It must state the reasons why the amendment or addition is necessary, as well as provide the specific language that should be included in the amended complaint. The court will review the motion and decide if the amendment or addition should be allowed. If the court approves the requested amendment, then the plaintiff must file an amended complaint with the court. They must also serve a copy of the amended complaint on the defendant. Once the amended complaint is filed, the original complaint is considered replaced and no longer in effect. The defendant may then file an answer to the amended complaint and the case will continue in the ordinary fashion.
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