How to file first amended complaint

Asked over 1 year ago - Boston, MA

I filed a complaint, and received a motion to dismiss from the opposing party. Now I am writing an Opposition to MTD. I have 10 days + 3 business days to do that. At the same time, I realized that I want to amend my complaint. Can I file them together (i.e. opposition to MTD and amended complaint)?

Attorney answers (3)

  1. Emma A. Kremer

    Contributor Level 15

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    Answered . Yes, you can file both together. It may actually work better in this situation if you address the reasons for the motion to dismiss in your opposition and argue that your amended complaint addresses those issues, if you can, and attach your proposed amended complaint to your opposition to the motion to dismiss/motion to amend the complaint. You may want to consult an attorney for further information or assistance to avoid a dismissal of your complaint. Best of luck.

    Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.)... more
  2. Steven Edward Zlochiver

    Pro

    Contributor Level 12

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    Answered . You can, and probably should, do both.

  3. Alex R. Hess

    Pro

    Contributor Level 13

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    1

    Answered . You can file both together and SHOULD file both together. If you do not respond to the motion to dismiss, the Court could grant the motion since there would be no objection/opposition filed.

    You have the right to amend your complaint "as a matter of course" within 30 days if a responsive pleading has been filed. A motion to dismiss, however, counts as a responsive pleading , so you should file the following:
    1) Opposition to MTD;
    2) Amended Complaint; and
    3) Motion to Amend Complaint explaining the reasons you want to amend it.

    It doesn't sound like you have a lawyer in your case, so the court will be a little more lenient for you, but you should still detail all the reasons you want to amend your complaint just to be safe.

    Additionally, if you don't have a lawyer, it may be worth discussing you case with one so you don's miss any potential claims you may have. While you provided no information about your case, I always tell people have a lawyer look over your case, just for an hour, could help you significantly as you move forward in your case.

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