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California Points & Authorities
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


1-16 California Points & Authorities 16.syn


Title

Amended and Supplemental Pleadings

Author

The Matthew Bender Editorial Staff

Chapter Summary


ABSTRACT TEXT:

Amended pleadings and amendments to pleadings set forth facts that occurred before the action was filed. In contrast, supplemental pleadings allege material facts that occurred after the original complaint or answer was filed.

This chapter of California Points and Authorities contains memoranda of points and authorities relating to amended pleadings. It includes general forms for use in supporting and opposing a motion for leave to file an amended pleading. Also included are general forms for use in supporting and opposing a motion for leave to amend to conform to proof.

In addition to containing general forms, this chapter also contains forms relating to specific grounds for granting or denying a motion for leave to amend. These forms should be incorporated in the general forms as appropriate. Included are forms relating to specific grounds in support of a motion for leave to amend that may apply to any type of pleading, forms that apply to complaints, and forms that apply to answers.

This chapter contains forms relating to specific grounds in opposition to a motion for leave to amend that may be applicable to any type of pleading, that apply to complaints, and that apply to answers. This chapter also contains memoranda of points and authorities relating to motions for leave to file supplemental pleadings. It includes: general forms for use in supporting a motion for leave to file a supplemental complaint or answer; forms designed to be combined with the general forms and presenting specific grounds for granting a motion for leave to file a supplemental complaint or answer; a form supporting a motion to file a supplemental complaint to substitute a personal representative for a defendant who dies pending the action; and forms for use in opposing a motion for leave to file a supplemental complaint, answer, or either type of supplemental pleading.

California Points and Authorities is the only California publication to provide forms that combine concise arguments of the law with accurate summaries of supporting statutes, cases, and rules. Easily adaptable for use in trial and appellate briefs and researching jury instructions, the forms are designed to assist the attorney in arguing points of law at all stages of litigation.

CORE TERMS:

California law,amended pleadings,supplemental pleadings,amendment,amend,supplement,leave to amend,supplemental complaint

RELATED CHAPTERS: (View)

Memoranda that may be useful in particular proceedings when amended pleadings are sought to be filed may be found in Ch. 66, Death and Survival Actions, and Ch. 186, Probate of Wills.

For forms of memoranda supporting a motion for an order to bring a new party into an action, see Ch. 168, Parties.

For a memorandum relating to amendment of pleadings and pretrial orders, see Ch. 180, Pretrial Proceedings.

For memoranda relating to motions to strike amended pleadings, see Ch. 160, Motions to Strike.

For related memoranda for use in substituting a personal representative for a deceased party, see Ch. 10, Abatement and Survival of Actions.

RELATED PUBLICATIONS:

For forms of declarations in support of a motion for leave to file an amended pleading, see California Forms of Pleading and Practice, Ch. 21, Amended and Supplemental Pleading (Matthew Bender).

For a discussion and forms relating to amendment of prayers, see California Forms of Pleading and Practice, Ch. 420, Prayers (Matthew Bender).

For additional discussion and forms relating to bringing a new party into an action, see California Forms of Pleading and Practice, Ch. 395, Parties (Matthew Bender).

For a discussion of continuances when a pleading is amended, and forms relating to continuances generally, see California Forms of Pleading and Practice, Ch. 136, Continuances (Matthew Bender).

For a discussion and forms relating to amendment of pretrial orders, see California Forms of Pleading and Practice, Ch. 425, Pretrial Proceedings (Matthew Bender).
 
 
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