You are on page 1of 3

1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8
UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

10

11 Any Plaintiff, ) Case No.


)
12 Plaintiff, )
NOTICE OF MOTION AND MOTION FOR LEAVE
)
TO AMEND COMPLAINT; MEMORANDUM OF
13 vs. )
POINTS AND AUTHORITIES; DECLARATION
)
OF_______; EXHIBITS
14 Any Defendant, and DOES 1-5 )
)
Defendants. ) DATE:
15
) TIME:
) PLACE
16
)
)
17
)
)
18 )
)
19

20
To subscribe to my FREE weekly legal newsletter visit
21

22 http://www.legaldocspro.net/newsletter.htm and enter your e-mail


23
address. Be sure to remove this notice and all other notices before
24

25
using this document.
26

27 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the


28
above-entitled Court located at ___________________________, Plaintiff ______will move this

- 1 -
NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND COMPLAINT
1 Court for an Order granting them leave to amend their complaint against Defendants.
2 This Motion will be made pursuant to Federal Rules of Civil Procedure 15 and 16 on the
3
grounds that leave to amend should be liberally granted, and as the Court has not issued any pre-trial
4
scheduling order stating a deadline to amend any pleadings that the more liberal standard of Federal
5

6
Rule of Civil Procedure 15 should apply.

7 This motion is shall be based upon this Notice, the attached Memorandum of Points and

8 Authorities, the declaration of _________ and Exhibits attached thereto, the complete files and
9
records of this action, and such other and further oral and documentary evidence as may be presented
10
at the hearing on this Motion.
11

12

13 Dated_________________________ _______________________________________
Any Attorney or Party
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 2 -
NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND COMPLAINT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
Plaintiff filed their complaint against Defendants on _____________ with causes of action for
5

6
______________________________________.

7 The original complaint was filed pro se, and as such was drafted by a layperson. In fact

8 counsel for Defendant ______ stated to Plaintiff that he was contemplating filing a motion for
9
judgment on the pleadings. Plaintiff then informed counsel for Defendant ________that they intended
10
to file a motion for leave to amend their complaint. See the Joint Status Conference Report filed with
11
the Court on ________________
12

13 At the Joint Status Conference on ___________ the Court scheduled the trial date for

14 _________________. The Court did not make any pre-trial scheduling order regarding any deadline
15
for amended pleadings.
16
Plaintiff contends that as the Court has not issued any pre-trial scheduling order stating a
17
deadline to amend any pleadings that the more liberal standard of Federal Rule of Civil Procedure
18

19 (FRCP)15 should apply.

20
Be sure to modify this to suit your individual situation. Do NOT
21

22 just use the wording here unless it definitely applies to your particular
23
situation.
24

25 To purchase the entire document visit:


26
https://legaldocspro.myshopify.com/products/sample-motion-for-leave-
27

28 to-amend-complaint-in-united-states-district-court
- 3 -
NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND COMPLAINT