How can a party be added or removed from a lawsuit?
In Texas, a party can be added or removed from a lawsuit through a process called “amendment.” An amendment is a document that is filed and served to all parties involved in the lawsuit and is used to add or remove a party from the case. To add a party, the plaintiff must file an Amended Petition with the court. This document will include details about the new party they are adding and why they should be added. The Amended Petition will also include an amended version of all previous documents served in the case. Once the Amended Petition is filed, the defendant (or parties) will then be served with the Amended Petition. If a party wants to remove a party from the case, they must file a Motion to Dismiss. In this document, they must explain why the party should be removed from the case and any other evidence in support of their request. If the court approves the Motion to Dismiss, the defendant (or parties) will then be served with the Motion, and the removed party will no longer be a part of the lawsuit. Adding or removing a party from a lawsuit in Texas can be a lengthy process. It is important that any party intending to add or remove another party to a lawsuit seek legal advice from an attorney familiar with Texas’ civil procedure law to ensure they are following the proper protocol.
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