The Plaintiff needs to serve a copy of the Amended Complaint on the Defendants Attorney. This can be done through the mail.New York
Does an amended complaint need to be personally served, if the amendendment is within 20 days of the original complaint?
or can an amended complaint be mailed out once Defendant files an answer to the complaint?
southern district new york
Problem with this is that the plaintiff does not generally know who the defendant's attorney is until an answer is served. And once an answer is served, the plaintiff will have to get the defendant to agree to an amended filing or petition the court for leave to file an amended complaint. So it is best for the plaintiff to file the amended complaint BEFORE an answer to the complaint is served.The Plaintiff needs to serve a copy of the Amended Complaint on the Defendants Attorney...
Usually before the answer if filed, an appearance will have been made ...Procedure for filing an amended complaint:
[B]http://www.nywd.uscourts.gov/document/AmendedComplaintInstructions.pdf[/B]
Problem with this is that the plaintiff does not generally know who the defendant's attorney is until an answer is served. And once an answer is served, the plaintiff will have to get the defendant to agree to an amended filing or petition the court for leave to file an amended complaint. So it is best for the plaintiff to file the amended complaint BEFORE an answer to the complaint is served.
Please explain your reasoning for why this is "usually" the case...Usually before the answer if filed, an appearance will have been made ...
I totally agree with you that if a Complaint is Amended before service, it could then be served on the Defendant by a Process Server and that if amended after an answer is filed, leave to amend would be the normal procedure. If Plaintiff has to take leave to amend a Complaint then it can be served through the mail.Procedure for filing an amended complaint:
[B]http://www.nywd.uscourts.gov/document/AmendedComplaintInstructions.pdf[/B]
Problem with this is that the plaintiff does not generally know who the defendant's attorney is until an answer is served. And once an answer is served, the plaintiff will have to get the defendant to agree to an amended filing or petition the court for leave to file an amended complaint. So it is best for the plaintiff to file the amended complaint BEFORE an answer to the complaint is served.
Just my reviewing of case histories (some states have these filings online) .. most I see have appearances filed (quickly after being served) with the answer or extensions to answer a couple of weeks after the filing date.Please explain your reasoning for why this is "usually" the case...