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Amending a counterclaim.

Phoenix, AZ |

Would one have to request permission from the court to amend a counterclaim or can the counterclaim be amended automatically if the Plaintiff received permission from the court and subsequently amended the original complaint.

Thank you.

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Attorney answers 2

Posted

First, you must request a stipulation to the amendment from the other side. If they refuse, make a motion to amend.

Posted

If you have agreement from the other party, you file a stipulation to amend without requesting leave of court. If the other party does not agree, you must request court permission, but amendments are liberally allowed in the interest of justice.

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