Re: motion to amend

More | Report Post

I don't quite understand your post, so I will try to translate.
I think what you are trying to say, is that you filed a civil
suit, a "complaint" against someone and you had an attorney at
the time who filed that for you. I will also assume that the
Defendent was properly served with the Complaint. After the
Complaint was filed, you noticed that there were either some
factual inaccuracies in the Complaint, or the Defendant was not
the correct Defendant. Then, the attorney quit or you fired
him/her most likely having to do with money as the bottom line.
Now, you want to amend the original Complaint. You said you
filed a "Motion" pro se. A Motion for what? A Motion to Amend
the Complaint? Or a Motion for a hearing? Or something else?

We have no idea if the judge will be "likely" to grant any
motion, since we don't know the real issues in this case or why
the Complaint has to be amended. Plus, all judges are
different. If there are any procedural problems, you won't get
a hearing at all until the problem is rectified. You also might
never get a hearing if the judge feels you are just going to
waste his/her time if the complaint has no merit or no basis in
law. As far as what to expect in any hearing, you need to have
all the facts, supporting case law, documents, witnesses and
anything else that might support your case. And you have had to
complied with all court rules and regulations regarding the
presenting of such. For example, you may not just show up with
witnesses or documents. A list must be provided to opposing
counsel within a certain amount of time and in the format the
court requires. There are loads of rules regarding court
procedures. Theses rules were made for lawyers by lawyers and
unfortunately, the courts do not provide any guideline packets
for pro se litigants that address all situations, motions, etc.
The best thing to do, is to search your state's statutes and
rules.

http://www.nolo.com/lawcenter/statute/state.cfm

On 1/25/05, amanda wrote:
> On 1/24/05, amanda wrote:
>> My husband and I are in a law civil case we filed
>> (w\attorney) a compliant 2-2-04 and we have not been given
>> a trial date nor has any depositions taken place since
>> filling the complaint we have found that the complaint is
>> wrong and need to be amended we had another attorney help
>> us with motion (Pro Per now since we don't have the money)
>> My questions is the juge likely to grant the motion?
>> and what should we expect to happen at the hearing we have
>> been to a few CMC hearing but this is big and we don't want
>> to mess it up any help would be great
>> Amanda
>
>
>
>
>
>
> CAN SOMEONE HELP????????