Saturday, 15 September 2012

Sample Motion to Amend Complaint

Often, you need to amend your complaint, to add a cause of action, party, or correct someone's name.  The Florida Rules of Civil Procedure favor liberal amendment.  More cases can be found by searching Florida Rule 1.190.  Below, find a sample motion that I filed.




IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA
CASE NO.:  05-2007-CA-XXXXX-XXXX-XX
John Doe,

            Plaintiff,

vs.

Steve Dowrong.
Defendants.
__________________________________/

PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT

Plaintiff, John Doe, by and through undersigned counsel, moves the court for leave to serve and file an amendment to Plaintiff's complaint in the above-entitled action pursuant to Fla.R.Civ.P. 1.190(a), Pasekoff v. Kaufman, 392 So.2d 971, 976 (3rd DCA Fla. 1981), and Turner v. Trade-More, Inc., 252 So.2d 383 (4th DCA Fla. 1971), Yun Enterprises Ltd. v. Graziani, 840 So.2d 420 (Fla. 5d 2003) on the grounds that the proposed amendment and the evidence offered under it are necessary to a complete determination of the issues in this action and the rights of the parties. A copy of the proposed amended complaint is attached.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail to Other Lawyer, Address, on this _____ day of ________________, 2008.







                                                                By:   _________________________________________
                                                                        Michael B. Lesage
                                                            815 South Washington Ave
                                                                        Titusville, FL 32780
                                                                        321-269-6833                                                                                                                                        
                                                                        Florida Bar No.:  XXXXXX
                                                                        Attorney for the Plaintiff


4 comments:

  1. Wow. Awesome article. Please do more articles like this in the future. Very informational and knowledgeable. I will expect more from you in the future. For now i will just bookmark your page and surely I'm gonna come back later to read more. Thank you to the writer!


    Rica
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  3. Dear Sir....does this Motion have to be "ok'd by opposing counsels when there are multiple defendants? Or can I just make the Motion to the court, submit it and provide Service via the E-Portal?

    ReplyDelete
    Replies
    1. Is there anyone out there who can answer this; and do I just have it "served" on the local address or the corportate address?

      Delete