I am the plaintiff in a federal district court civil case. After initial pleadings and responses have been filed, but before a hearing, I wish to add a new defendant. How do I do this? Can I file a request of the court to grant me permission to add a new defendant or, do I file a motion requesting permission via a hearing? Also, do I need to seek a hearing date prior to the request to file a motion, if a motion is the answer?
You must obtain court permission to add a party so you need to file a motion and explain why the party was not added at the beginning (such as newly discovered based upon the initial pleadings of the defendant, etc.)
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