What can you do if you wrote something incorrect in your federal complaint?

Asked over 1 year ago - Denver, CO

how can you cure this, "a probable cause determination was not made for 40 days" the way it should read is this, "the judge was misled in making the probable cause determination"

Attorney answers (2)

  1. Robert K. Erlanger

    Contributor Level 13

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    Answered . If it's your error, just correct and file an Amended Complaint under Federal Rule of Civil Procedure 15. You have a right to amend without permission if it is within 21 days after you served the complaint on defendant. Otherwise, you may amend the complaint only with defendant's written consent (usually called a stipulation which need to be "so ordered" by the judge) or with the court's leave. The the court is required to "freely" give leave when justice so requires.

  2. Malosack Berjis

    Contributor Level 20

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    Answered . Assuming that you have not previously amended your complaint and that a responsive pleading has not been served yet, then you may file an amended complaint. Otherwise, you can amend your complaint either by the written consent of the adverse party or by filing a motion for leave (of court) to file an amended complaint.

    This attorney is licensed to practice law in the State of California. The laws of your jurisdiction may differ... more

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