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    Sample Motion For Leave To Amend Complaint in United States District Court

    Uploaded by

    Stan Burman
    This sample motion for leave to amend a complaint in United States District Court is made pursuant to Rule 15 of the Federal Rules of Civil Procedure. The motion can be used in ANY State under the jurisdiction of the Ninth Circuit Court of Appeals. The sample has been revised and updated in December 2016 and contains a memorandum of points and authorities with citations to case law and statutory authority, brief instructions, and a sample declaration and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Sample Motion For Leave To Amend Complaint in United States District Court

    Uploaded by

    Stan Burman
    2K views3 pages
    This sample motion for leave to amend a complaint in United States District Court is made pursuant to Rule 15 of the Federal Rules of Civil Procedure. The motion can be used in ANY State under the jurisdiction of the Ninth Circuit Court of Appeals. The sample has been revised and updated in December 2016 and contains a memorandum of points and authorities with citations to case law and statutory authority, brief instructions, and a sample declaration and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    Sample Motion for Leave to Amend Complaint in United States District Court

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    This sample motion for leave to amend a complaint in United States District Court is made pursuant to Rule 15 of the Federal Rules of Civil Procedure. The motion can be used in ANY State under the jurisdiction of the Ninth Circuit Court of Appeals. The sample has been revised and updated in December 2016 and contains a memorandum of points and authorities with citations to case law and statutory authority, brief instructions, and a sample declaration and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    2K views3 pages

    Sample Motion For Leave To Amend Complaint in United States District Court

    Uploaded by

    Stan Burman
    This sample motion for leave to amend a complaint in United States District Court is made pursuant to Rule 15 of the Federal Rules of Civil Procedure. The motion can be used in ANY State under the jurisdiction of the Ninth Circuit Court of Appeals. The sample has been revised and updated in December 2016 and contains a memorandum of points and authorities with citations to case law and statutory authority, brief instructions, and a sample declaration and proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    1 Any Attorney or Party

    Any Street
    2 Any Town, CA 55555

    3 714-555-5555

    4 Any Attorney or Party

    8
    UNITED STATES DISTRICT COURT
    9 ________ DISTRICT OF _____________

    10

    11 Any Plaintiff, ) Case No.


    )
    12 Plaintiff, )
    NOTICE OF MOTION AND MOTION FOR LEAVE
    )
    TO AMEND COMPLAINT; MEMORANDUM OF
    13 vs. )
    POINTS AND AUTHORITIES; DECLARATION
    )
    OF_______; EXHIBITS
    14 Any Defendant, and DOES 1-5 )
    )
    Defendants. ) DATE:
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    ) TIME:
    ) PLACE
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    18 )
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    19

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    To subscribe to my FREE weekly legal newsletter visit
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    22 http://www.legaldocspro.net/newsletter.htm and enter your e-mail


    23
    address. Be sure to remove this notice and all other notices before
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    using this document.
    26

    27 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the


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    above-entitled Court located at ___________________________, Plaintiff ______will move this

    - 1 -
    NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND COMPLAINT
    1 Court for an Order granting them leave to amend their complaint against Defendants.
    2 This Motion will be made pursuant to Federal Rules of Civil Procedure 15 and 16 on the
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    grounds that leave to amend should be liberally granted, and as the Court has not issued any pre-trial
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    scheduling order stating a deadline to amend any pleadings that the more liberal standard of Federal
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    6
    Rule of Civil Procedure 15 should apply.

    7 This motion is shall be based upon this Notice, the attached Memorandum of Points and

    8 Authorities, the declaration of _________ and Exhibits attached thereto, the complete files and
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    records of this action, and such other and further oral and documentary evidence as may be presented
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    at the hearing on this Motion.
    11

    12

    13 Dated_________________________ _______________________________________
    Any Attorney or Party
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    - 2 -
    NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND COMPLAINT
    1 MEMORANDUM OF POINTS AND AUTHORITIES
    2 I.
    3
    STATEMENT OF FACTS
    4
    Plaintiff filed their complaint against Defendants on _____________ with causes of action for
    5

    6
    ______________________________________.

    7 The original complaint was filed pro se, and as such was drafted by a layperson. In fact

    8 counsel for Defendant ______ stated to Plaintiff that he was contemplating filing a motion for
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    judgment on the pleadings. Plaintiff then informed counsel for Defendant ________that they intended
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    to file a motion for leave to amend their complaint. See the Joint Status Conference Report filed with
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    the Court on ________________
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    13 At the Joint Status Conference on ___________ the Court scheduled the trial date for

    14 _________________. The Court did not make any pre-trial scheduling order regarding any deadline
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    for amended pleadings.
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    Plaintiff contends that as the Court has not issued any pre-trial scheduling order stating a
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    deadline to amend any pleadings that the more liberal standard of Federal Rule of Civil Procedure
    18

    19 (FRCP)15 should apply.

    20
    Be sure to modify this to suit your individual situation. Do NOT
    21

    22 just use the wording here unless it definitely applies to your particular
    23
    situation.
    24

    25 To purchase the entire document visit:


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    https://legaldocspro.myshopify.com/products/sample-motion-for-leave-
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    28 to-amend-complaint-in-united-states-district-court
    - 3 -
    NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND COMPLAINT

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