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Rule 41 Dismissal of ActionsFederal Rules of Civil Procedure Form

Rule 41 Dismissal of ActionsFederal Rules of Civil Procedure Form

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sometimes for various reasons parties to a federal lawsuit and their pleadings for example a defendant may move to dismiss the plaintiffs complaint for failure to state a claim on which relief can be granted rather than having the whole case thrown out the plaintiff may seek to amend the complaint so that it does state a claim upon which relief can be granted similarly the defendant may want to amend her answer to assert additional defenses or to fix ineffective denials in the original answer the specific rules governing amendments to pleadings are set forth in Federal Rule 15 first let's discuss when a party may amend her pleading without asking permission about the court or the opposing side once the time for amendments as a matter of course has passed however a party will need either permission from the court or the consent of the opposing side to amend a pleading therefore we'll talk about the standard that usually governs the issue of whether the court should grant

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