What is the name of your state? Louisiana
I filed suit in state court, pro se, in 1998 against multiple defendants. One defendant (DEF "A") provided an answer, and another (DEF "B") filed an exception, set for hearing without date by the judge. The petition was amended by retained counsel to cure the exception of DEF "B", and this amended petition presented federal question, resulting in the suit being removed to US District Court. Federal court disposition had all action against DEF "A" dismissed, and pendant state charges against DEF "B" remanded back to state court. Since DEF "B" has never provided any answer, can the petition be amended again, these years later, to add "Intentional Infliction of Emotional Distress" as a claim? (Right now, the suit is at a stage of moving for a status conference to sort out the convoluted confused problem it has become) THANKS
I filed suit in state court, pro se, in 1998 against multiple defendants. One defendant (DEF "A") provided an answer, and another (DEF "B") filed an exception, set for hearing without date by the judge. The petition was amended by retained counsel to cure the exception of DEF "B", and this amended petition presented federal question, resulting in the suit being removed to US District Court. Federal court disposition had all action against DEF "A" dismissed, and pendant state charges against DEF "B" remanded back to state court. Since DEF "B" has never provided any answer, can the petition be amended again, these years later, to add "Intentional Infliction of Emotional Distress" as a claim? (Right now, the suit is at a stage of moving for a status conference to sort out the convoluted confused problem it has become) THANKS