What is the test for filing a Second Amended Complaint?

MultiRegion, United States of America

The following excerpt is from Bausman v. Cal. Dep't of Corr., Case No. 1:14-cv-00900-DAD-EPG-PC (E.D. Cal. 2016):

If Plaintiff decides to file a Second Amended Complaint, he is reminded that an amended complaint supersedes the original complaint, Lacey v. Maricopa County, 693 F. 3d 896, 907 n.1 (9th Cir. Aug. 29, 2012) (en banc), and it must be complete in itself without reference to the prior or superseded pleading. Local Rule 220. Once an amended complaint is filed, the prior complaint 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. The amended complaint should be clearly and boldly titled "Second Amended Complaint," refer to the appropriate case number, and be an original signed under penalty of perjury.

Based on the foregoing, it is HEREBY ORDERED that:

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Other Questions


If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint? (MultiRegion, United States of America)
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If Plaintiff files an amended complaint related to his criminal proceedings, will the document be designated as "Third Amended Complaint"? (MultiRegion, United States of America)
When a plaintiff files an amended complaint, does the amended complaint supersede the original? (MultiRegion, United States of America)
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