If plaintiff chooses to amend the complaint, can the court refer to the prior pleading in order to make plaintiff's amended complaint complete?

MultiRegion, United States of America

The following excerpt is from McCarary v. Kernan, No. 2: 17-cv-1944 KJN P (E.D. Cal. 2017):

If plaintiff chooses to amend the complaint, plaintiff is informed that the court cannot refer to a prior pleading in order to make plaintiff's amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This requirement exists because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.

Other Questions


In a motion for an amended complaint, can the court refer to a prior pleading to make plaintiff's second amended complaint complete? (MultiRegion, United States of America)
In addition to an amended complaint, can a plaintiff refer to a prior pleading in order to make the amended complaint complete? (MultiRegion, United States of America)
In a personal injury action, can the court refer to a prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
If plaintiff files an amended complaint in this court despite the court's indication that it would likely be subject to dismissal, can the court refer to a prior pleading? (MultiRegion, United States of America)
Can a plaintiff refer to a prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
Can a court refer to a prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
Can a court refer to a prior pleading in order to make plaintiff's second amended complaint complete? (MultiRegion, United States of America)
When will a court refer to a prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
Can the court refer to a prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
When will the court refer to a prior pleading in order to make plaintiff's amended complaint complete? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.