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

A motion to amend a complaint in civil litigation is when a party involved in a civil lawsuit asks the court for permission to change or add to the information in their initial complaint. This motion is commonly used when a party discovers new information after the initial complaint is filed, or when the party wants to add a new claim or issue to the suit. In Washington, a motion to amend a complaint is allowed if the court finds that the new information or claims are proper and that no significant delay or prejudice will occur to the other parties. The motion must include an amended complaint, explaining why the changes are necessary. The party must also provide an affidavit that all facts and allegations made in the amended complaint are true and accurate. Once the motion to amend is filed, the court typically holds a hearing so that the parties can present their arguments for and against the amendment. After hearing the arguments, the judge will decide whether the motion to amend should or should not be granted. If it is granted, the amended complaint then becomes the official complaint in the case and the parties must proceed from there. If it is denied, the original complaint remains in effect.

Related FAQs

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

Related FAQs

Related Blog Posts