amended pleading

amended pleading
amended pleading see pleading 1

Merriam-Webster’s Dictionary of Law. . 1996.

amended pleading
A written pleading in a lawsuit that is changed and refiled as an amended pleading by the party who initially filed it. Pleadings are amended for various reasons, including correcting facts, adding claims, adding affirmative defenses, or responding to a court's finding that a pleading is inadequate as a matter of law.
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

amended pleading
n.
   a changed written pleading in a lawsuit, including complaint or answer to a complaint. Pleadings are amended for various reasons, including correcting facts, adding causes of action (legal bases for a suit), adding affirmative defenses, or responding to a court's finding that a pleading is inadequate as a matter of law. Amendments cannot be made willy-nilly, but only prior to being served, upon stipulation by the parties or order of the court.
   See also: amend, amended complaint, demurrer

Law dictionary. . 2013.

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Look at other dictionaries:

  • amended pleading — See amendment of pleading …   Ballentine's law dictionary

  • pleading — plead·ing n 1 a: one of the formal declarations (as a complaint or answer) exchanged by the parties in a legal proceeding (as a suit) setting forth claims, averments, allegations, denials, or defenses; also: a written document embodying such a… …   Law dictionary

  • pleading over — Serving or filing an amended pleading after an attack by one s adversary upon one s pleading. Pleading to the facts after demurrer overruled. 41 Am J1st Pl § 250. A pleading by the defendant in a criminal case after the overruling of a plea by… …   Ballentine's law dictionary

  • pleading, amended — n. A pleading that either corrects or expands an earlier pleading. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • departure in amended pleading — A change in the cause of action or defense pleaded in the original complaint or answer by an amendment thereto. 41 Am J1st Pl § 306 …   Ballentine's law dictionary

  • amendment of pleading — Correcting errors and omissions in a pleading, changing and supplying allegations, so that the case, so far as possible, may be determined on its real facts. 41 Am J1st PI § 288. See amendment as of course; amendment by compulsion; amendment on… …   Ballentine's law dictionary

  • supplemental pleading — A pleading of new matter in support of an original complaint, bill, declaration, or petition. Jenkins v International Bank, 127 US 484, 32 L Ed 189, 8 S Ct 1186. A pleading bringing to the notice of the court matters occurring since the filing or …   Ballentine's law dictionary

  • superseded pleading — A pleading replaced by an amended or substituted pleading. 41 Am J1st Pl § 202 …   Ballentine's law dictionary

  • amend — vt 1: to change or modify for the better 2: to alter esp. in the wording; esp: to alter formally by modification, deletion, or addition amend ed the statute amend the complaint to cure the defect amend·able adj …   Law dictionary

  • relation back — General rule of relation back is that a pleading may not be amended to allege a new or different claim or defense unless it arose out of, or is based on or related to, claim, transaction or occurrence originally set forth or attempted to be set… …   Black's law dictionary

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