How often and how many amended pleadings may be filed in a case?

Asked over 1 year ago - Hoffman Estates, IL

If an opposing party answers a pleading, must a response be issued to opposing party's response before an amended pleading is filed?

Additional information

Correction: How many times can a party amend its answer, aff. defense, and counterclaim?

Attorney answers (4)

  1. Luke D. Kazmar

    Pro

    Contributor Level 14

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    Answered . As many and as often as the Judge allows. Also, you must motion for "leave to amend" a given pleading, and attach the amended version as an exhibit. In other words, you cannot simply file amended pleadings without prior permission to do so.

    BTW, if the response raises "affirmative matter" and you fail to reply, you may be toast as it may be deemed admitted unless it is conclusory/argumentative/etc.

    If, on the other hand, response merely admits/denies...it's a different matter.

    This is not intended to be a comprehensive treatment of your questions. A lawyer with knowledge and smarts can use civil procedure in ways that will make your head spin...and possibly toss your case into quicksand or a state where you realize you lost your case before starting it on account of a 'legal technicality.'

    But you know your opponent better than I so I can't really make any such sweeping assessment with the facts provided.

    I wish you luck in the case. However, be sure to use caution in your litigation.

    The author provides the preceding information as a service to the public. Author's response, as stated above,... more
  2. Judy A. Goldstein

    Contributor Level 20

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    Answered . A response to a response is not necessary. The rest of your question is confusing. Please rephrase.

  3. Robert Bruce Kopelson

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . Dont know about Il law, but in Ca, a party can demur to another party's answer, or can make a motion to strike. Parties can amend answers, cross claims, affirmative defenses, as long as the court grants leave to do so. As more info comes out in discovery, amendments may be appropriate.

  4. Christopher Robert Blevins

    Contributor Level 4

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    Answered . In California, a party can amend their complaint once as a matter of course. The same goes for a Defendant's Answer and Affirmative Defenses. After that, leave of court is required. You will need to consult your Court's rules or a local attorney to determine if the same rules apply in your case.

    The above is general legal analysis. It is not "legal advice" but analysis, and different lawyers may analyze... more

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