Can a motion to amend the terms of a motion brought before the Court of Appeal be amended at the same time?
MultiRegion, United States of America
The following excerpt is from Ah Moo v. A.G. Becker Paribas, Inc., 857 F.2d 615 (9th Cir. 1988):
4 At common law, if a timely and properly-framed complaint would have permitted relief and no prejudice resulted from an amendment at the chancellor's discretion, relief on the original complaint could be granted. See, e.g., Friederichsen v. Renard, 247 U.S. 207, 212-13, 38 S.Ct. 450, 452, 62 L.Ed. 1075 (1918); Hardin v. Boyd, 113 U.S. 756, 761-63, 5 S.Ct. 771, 773-74, 28 L.Ed. 1141 (1885).
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