Legal Motion to Amend

LEGAL MOTION TO AMEND

Court:    Case No.:    Judge:

Movant Name:    Respondent Name:

RECITALS

WHEREAS, Movant filed the operative pleading in this action on or about , asserting claims and factual allegations set forth therein; and

WHEREAS, subsequent factual development and discovery have revealed facts and legal issues that were not known or could not reasonably have been brought at the time of the original pleading, such that leave to amend is necessary to present the complete controversy to the Court; and

WHEREAS, Movant has endeavored in good faith to confer with opposing counsel regarding the proposed amendments as required by local practice and court rule, as reflected in the conferral statement below.

NOW, THEREFORE, Movant respectfully moves the Court for leave to amend the operative pleading as described herein and in the proposed amended pleading attached to this Motion.

1. RELIEF REQUESTED

Movant requests leave of the Court to file an amended pleading that: (a) adds or withdraws claims; (b) amends existing factual allegations to reflect newly discovered information; and/or (c) joins parties necessary for just adjudication. Movant seeks leave to file the proposed amended pleading attached as Exhibit A and to make such further amendments as may be necessary to conform the pleadings to proof at trial.

  Add new claim(s) or cause(s) of action
  Add or substitute party(ies)
  Correct typographical, clerical, or factual errors
  Other (describe below)

2. BACKGROUND

The factual and procedural background relevant to this Motion is as follows. Brief summary of events and discovery that support amendment:

3. GROUNDS AND LEGAL STANDARD

Leave to amend pleadings is liberally granted where justice so requires. Movant contends that amendment is appropriate here because the proposed changes: (a) were not known with reasonable diligence at the time of the original pleading; (b) will not result from undue delay, bad faith, or dilatory motive; and (c) will not cause undue prejudice to Respondent. In balancing the interests of justice, the Court should permit the amendment to ensure that the merits of the controversy are decided on a complete record.

4. PROPOSED AMENDMENTS

Identify the specific paragraphs, counts, or sections to be amended and state the precise wording of the amendments. Attach a redlined or clean copy of the proposed amended pleading as Exhibit A.

5. MEET AND CONFER / CONFERRAL CERTIFICATION

Counsel for Movant certifies that a good-faith effort was made to confer with opposing counsel concerning the relief requested in this Motion on . The results of that conferral are described below.

6. NOTICE AND SERVICE

Notice of this Motion shall be provided to all counsel of record and pro se parties by the following means (select all that apply):

  U.S. Mail
  Electronic Mail/Email
  Personal Service

7. PROPOSED ORDER

Movant submits the following proposed form of order for the Court's consideration granting leave to amend and directing the filing of the proposed amended pleading:

8. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that the Court:

1. Grant leave to file the proposed amended pleading attached as Exhibit A;
2. Enter the proposed order permitting the filing and setting any reasonable schedule as the Court deems appropriate; and
3. Grant such other and further relief as the Court deems just and proper.

9. MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any resulting order shall be governed by the federal and state law applicable to this action and the procedural rules of this Court.

Entire Agreement: This Motion, the proposed amended pleading, and any order entered by the Court constitute the entire present agreement of the parties with respect to the subject matter hereof, and supersede prior statements or representations regarding the same.

Severability: If any provision of this Motion or any order entered pursuant hereto is held invalid or unenforceable, such invalidity shall not affect the remaining provisions which shall remain in full force and effect.

Amendments; Waiver: No modification or waiver of any provision hereof shall be effective unless in writing and signed by the party against whom enforcement is sought. The failure to insist on strict performance of any provision shall not constitute a waiver of any subsequent breach.

Counterparts: This Motion may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

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