[WSBARP] UGGGGHH - Litigator Help

[Paul Neumiller]

OK, now that my heartbeat has returned to normal and we have a general consensus, does anyone have a simple motion to file an amended complaint and related order?


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Friday, February 16, 2024 1:47 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] UGGGGHH - Litigator Help

I see others chiming in re CR 15(a) and actually treating it as an amendment, which makes the original service valid but requires a change in the Complaint.

The opposite of what I suggested-and I think their method is easier. It's easier and faster to amend than it is to re-serve, so I hereby change my mind-ignore what I said.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: Eric Nelsen
Sent: Friday, February 16, 2024 1:41 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: RE: UGGGGHH - Litigator Help

I think this is just a misfiling due to an omitted page, not a need to amend. Just refile the full Complaint.

That still leaves the service problem though, and I think if defendant asserts insufficiency of process or service of process under CR 12(b)(4) or (5), you'll have to re-serve. I don't think mailing is sufficient because technically, you haven't truly served him with the Complaint. Maybe defendant would accept service at this point?

If speed is important here, probably best to hustle the process server out there with the complete document asap.

By the way-there is supposedly a method to "amend process" with the Court's approval under CR 4(h) but I have no idea what it means to amend process. Maybe your handing him page 3 is sufficient to the court to find no material prejudice to the defendant. But again, if there's any need for speed, it's probably most efficient to just do a complete do-over of service of process.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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