What is the test for filing an amended complaint?

MultiRegion, United States of America

The following excerpt is from Martinez v. McConnell, Case No. 1:18-cv-00351-EPG (PC) (E.D. Cal. 2018):

If Plaintiff decides to file an amended complaint, he is further advised that an amended complaint supersedes the original complaint, Lacey v. Maricopa County, 693 F.3d 896, 907 n.1 (9th Cir. 2012) (en banc), and it must be complete in itself without reference to the prior or superseded pleading.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 original 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

Page 8

Other Questions


If plaintiff decides to file an amended complaint, can the amended complaint supersede the current complaint? (MultiRegion, United States of America)
If Plaintiff decides to file an amended complaint, is the amended complaint supersided by the original complaint? (MultiRegion, United States of America)
When a plaintiff files an amended complaint, can the court use the amended complaint to clarify the allegations in the original 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)
If plaintiff chooses to amend the complaint, is the amended complaint supers supersets the original complaint? (MultiRegion, United States of America)
Is a plaintiff permitted to amend or amend his complaint to include new, unrelated claims in his second amended complaint? (MultiRegion, United States of America)
Does a Plaintiff have to amend or amend his complaint so that the amended complaint supersedes the original? (MultiRegion, United States of America)
What is the test for tendering an amended complaint to the clerk for filing an amended version of the original complaint? (MultiRegion, United States of America)
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)
Is a motion to amend an amended complaint supersets the original complaint? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.