[WSBARP] UGGGGHH - Litigator Help

msafren at jennylinglaw.com msafren at jennylinglaw.com
Fri Feb 16 13:29:06 PST 2024


Hi Paul,

 

See CR 15(a).

 

(a) Amendments. A party may amend the party's pleading once as a matter of
course at any time before a responsive pleading is served, or, if the
pleading is one to which no responsive pleading is permitted and the action
has not been placed upon the trial calendar, the party may so amend it at
any time within 20 days after it is served. Otherwise, a party may amend the
party's pleading only by leave of court or by written consent of the adverse
party; and leave shall be freely given when justice so requires. If a party
moves to amend a pleading, a copy of the proposed amended pleading,
denominated "proposed" and unsigned, shall be attached to the motion. If a
motion to amend is granted, the moving party shall thereafter file the
amended pleading and, pursuant to rule 5, serve a copy thereof on all other
parties. A party shall plead in response to an amended pleading within the
time remaining for response to the original pleading or within 10 days after
service of the amended pleading, whichever period may be the longer, unless
the court otherwise orders.

 

Kind regards, 

Michael S. Safren, Esq. 
Attorney at Law 



 
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Friday, February 16, 2024 1:13 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] UGGGGHH - Litigator Help

 

So, the defendant (pro se) stopped by my office in a ejectment case where I
represent the landowner.  I have personal service on the defendant of the
summons and complaint.  He asked for the 3rd page of the Complaint.  GULP!
As it turns out, the 3rd page of my complaint is missing in the filed copy
and in the served copy (what, copier error, maybe).  I gave him the 3rd page
in hand. How do I fix this?  File an amended complaint?  Is there a simpler
way?  Defendant has not filed an answer yet.  If yes, can I simply mail the
amended complaint to the defendant if I already have personal service on
him?  Anyone have a template for a motion to file amended complaint and
order?  

 

 



 

 

 

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