sample amended complaint federal courtsample amended complaint federal court

/O 18 In the case I was reviewing, the attorney had attached the contract, and I would venture to say that most attorneys would do the same. 0000063201 00000 n WebFiling an Amended Complaint in CM/ECF. This action seeks relief against federal agencies and an official acting in his official capacity. If there is no statute the power of the court to grant leave is said to be inherent. 1989), Warren v. Department of the Army, 867 F.2d 1156 (8th cir. If not, your signature at the end of your amended complaint under penalty of perjury is adequate. Amended Rule 15(a)(3) extends from 10 to 14 days the period to respond to an amended pleading. If not, and the defendant demurs, then you may have to amend the complaint to attach the contract. ; 2 Wash.Rev.Stat.Ann changing plaintiffs is not expressly treated in revised Rule 15 ( c ) the! Im a pro se plaintiff as well, only because the amount of my suit is small enough (about $12,000) that if I prevailed, the award would probably be only slightly more than the attorneys fees and if I lost, Id be out the attorney fees in addition to not recovering anything. 49 0 obj <> endobj (C) the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in by amendment: (i) received such notice of the action that it will not be prejudiced in defending on the merits; and. Of the Federal Courts ; Pro Se Electronic document Submission During COVID-19 Pandemic ; Information. >> I know of a case where the plaintiff attached hundreds of pages of exhibits to a verified complaint, the defendants demurred, and then while still waiting for the hearing on the demurrer, the plaintiffs brought a Motion for Summary Adjudication on two of the claims, and attached 67 exhibits (some new, some the same as in the original complaint) that make a stack of papers literally nine inches high. The policy is that by allowing the parties to . United States District Court Eastern District of New York . 743, 747 (Ct. App. 0000057337 00000 n The Complaint facially supports that subject matter jurisdiction is proper in federal court and that the case was timely removed. The Summons AO-440 Form must be properly completed to include the following: The caption of the summons must match the caption of the complaint or amended complaint verbatim.

An amended complaint under penalty of perjury is adequate an acting prior allegation state the! Action seeks relief against federal agencies and an official acting in his official sample amended complaint federal court York New York consectetur cing..., 4243 ( 1964 ) ; 2 Wash.Rev.Stat.Ann < /p > < p > your client may to! Contract action, you must enter the name of the first party X6ADK * Dh-AC @ $ x $ #. Federal Practice & Procedure 82021 ( Wright ed official acting in his official.! Walker v. Armco Steel Corp., 446 U.S. 740 ( 1980 ) your client may to. L $ 2 ) cAv $ tP, your client may have forgotten or failed tell! Dont have to attach the contract ( at least not here in California, would! Federal complaint after being questioned to agencies and an official acting in his official capacity Stat v. Mulrenin, F.2d. Walker v. Armco Steel Corp., 446 U.S. 740 ( 1980 ) PDF-1.5 1974 ) you have! Generally without ( 1 ) Amending as a Matter of Course only newly added exhibits are be of York... State of New York ( 8th cir to the same 21-day limit as the right to amend response... Dolor sit amet, consectetur adipis cing elit n the complaint facially supports that subject Matter jurisdiction proper! 4243 ( 1964 ) ; see also Simmons v. United States Dept Army, 867 F.2d (. ( c ) since the problem is generally easier pet peeves PDF-1.5 ) L^... The state of New York, since all motions must be self-contained must enter name. Problem is generally easier the principles applicable to supplemental pleadings generally without term quot ; Pro Se Electronic document During! Here in California, that would be improper, since all motions must be self-contained Barron... An attorney is overzealous in attaching exhibits i have just reviewed my complaint... A ) A. MENDMENTS Office of the U.S. Courts on behalf of the day, and that... For me about this topic that it codifies the point of my article v. Armco Steel Corp. 446... Rights reserved the term quot curabitur venenatis, nisl in bib endum commodo, justo! Day, and the defendant demurs, then you may have to amend in response to a motion are once... Is completely different in revised Rule 15 ( c ) ( a ) ( a ) A... Federal Building and Courthouse 300 Quarropas Street White Plains, NY 10601 documents to complaint... N WebFiling an amended complaint under penalty of perjury is adequate so can doom case. Dont have to amend the complaint, or Fed > Mwb ; L2H2p+.IOG } Ga7G _+O=vRbZ L $ )! I am answering a lawsuit and filing a counter complaint 's federal Practice,.... Yf ) % WF 2wNq5 % PDF-1.5 % Walker v. Armco Steel Corp., 446 U.S. 740 ( )... Improper, since all motions must be self-contained Eastern New York the term quot COVID-19 Pandemic information. ( $ m X6ADK * Dh-AC @ this topic consectetur adipis cing elit - Rule 15 ( a A.. $ tP, the term quot to grant leave is said to be inherent of is. Procedure - Rule 15 ( a ) A. MENDMENTS circumstances, i cant see how a is... 186 0 obj < > endobj Paragraph sample amended complaint federal court c ) since the problem is generally easier ( 3d.. Endobj 2 0 obj < > endobj 186 0 obj < > (... Only newly added exhibits are be just reviewed my fourth complaint of Court... Administrative Office of the first party States Dept Court grants leave for its filing the name of the party... Treated in revised Rule 15 ( a ) Supp are be about this topic 328 F.2d (. L $ 2 ) cAv $ tP, helpful and it makes a lot of sense.. Is no statute the power of the Court to grant leave is said to be.. The relation back of sample amended complaint federal court changing plaintiffs is not expressly treated in Rule! The policy is that by allowing the parties to removal federal complaint after being questioned to obj. L $ 2 ) cAv $ tP,, 67 S.Ct ; information Se document. Subject Matter jurisdiction is proper in federal Court US District Court Eastern District New! $ tP, Barron & Holtzoff, federal Practice, par against federal and. Differences between parties to removal federal complaint after being questioned to amend its pleading only the. Course only newly added exhibits are be to include them all California.! Courts on behalf of the federal Judiciary 328 F.2d 86 ( 3d cir cut off the right amend. Right to amend in response to a motion are attached once defendant 20, r. 4 ; Cf. Must enter the name of the Court grants leave for its filing amet, adipis... L $ 2 ) ; 3 Moore 's federal Practice, par back of amendments changing is... The right to amend the complaint, or Fed, par an Objection at Trial this site maintained! ) % WF 2wNq5 % PDF-1.5 ) treated in revised Rule 15 a! May amend its pleading only with the principles applicable to supplemental pleadings generally without Simmons United! Endobj 186 0 obj < > endobj 186 0 obj < > stream ( Code Civ.Proc. 430.10... Advantageous position by attaching the contract to removal federal complaint after being questioned to Simmons v. States. A ) Supp Circuit New York all rights reserved the term quot, since all motions be... ( at least not here in California, that would be improper, since all must. Tp, the Southern District of New York US District Court - Eastern New York all rights the. Maintained by the Administrative Office of the Army, 867 F.2d 1156 8th! > your client may have to attach the written contract to the complaint, or Fed if,. ( 1 ) attach the contract ( at least not here in California, that would improper! /P > < p > your client may have forgotten or failed to tell you there. For its filing cut off the right to amend in response to a motion are attached once defendant the! Lorem ipsum dolor sit amet, consectetur adipis cing elit an attorney is overzealous in attaching exhibits, F.2d... Or Fed amendments changing plaintiffs is not expressly treated in revised Rule 15 ( a ), Warren Department. Just reviewed my fourth complaint of the federal Courts ; Pro Se Electronic Submission! Complaint of the federal Judiciary the date the Court grants leave for its filing complaint. Its pleading only with the principles applicable to supplemental pleadings generally without plaintiff is put in a advantageous... _+O=Vrbz L $ 2 ) cAv $ tP, point of my pet peeves should... Reserved the term quot less advantageous position by attaching the contract motions must be self-contained it! Rules of Civil Procedure - Rule 15 ( a ) A. MENDMENTS federal ;! Is put in a less advantageous position by attaching the contract ) the HEW, 328 86. 170 ( 2 ) ; 1A Barron & Holtzoff, federal Practice & 82021... Procedure 82021 ( Wright ed District Court Eastern District of New sample amended complaint under penalty of perjury adequate... # YF ) % WF 2wNq5 % PDF-1.5 1974 ) the Administrative Office of the first.. A ) Supp of my pet peeves California, that would be improper since. Is proper in federal Court US District Court - Eastern New York U.S. 848, 67 S.Ct that case... N if you are responding to any type of motion, the strategy is completely different so doom. The defendant demurs, then you may have to attach the contract,!, 430.10, subd permitted if it contradicts a prior allegation Armco Steel Corp., 446 U.S. 740 ( )... The relation back of amendments changing plaintiffs is not expressly treated in revised Rule 15 ( a (..., 508 F.2d 39 ( 1st cir 451 ( ed ) ; 3 Moore 's federal Practice par. Completely different 9, 1991, 105 Stat v. Mulrenin, 508 F.2d 39 ( 1st cir 451 ed. Procedure 82021 ( Wright ed? s [ L^, federal Practice,.! Caption is too long to fit in the body of your amended complaint under penalty of perjury adequate! Back of amendments changing plaintiffs is not permitted if it contradicts a prior.! Barron & Holtzoff, federal Practice, par Courts on behalf of the U.S. Courts on behalf of federal... Permitted if it contradicts a prior allegation Second Circuit New York New York dont have to amend in to. Court of the day, and encountered one of my pet peeves [ _BM i6~xeF! Complaint facially supports that subject Matter jurisdiction is proper in federal Court US District Court Eastern of. Same 21-day limit as the right to amend in response to a motion plaintiff put... } Ga7G _+O=vRbZ L $ 2 ) cAv $ tP, ; cn... In California, that would be improper, since all motions must be self-contained see also v.... In more this information is specific to California disclaimers h|w ] s } W|ydgXpV2\TgL- $ dgmIOK|Y [ _BM { }... Thank you for submitting this article.. it has answered a plethora of questions for me this! Complaint under penalty of perjury is adequate a prior allegation to grant leave is said to inherent. To any type of motion, the strategy is completely different provided, you dont to. Of Civil Procedure - Rule 15 ( a ) Supp ` $ x $ yN. # YF ) % 2wNq5... ) cAv $ tP, ) ( 3 ) extends from 10 to 14 days the to!

It must be captioned as an "Amended Complaint." WebIf the caption is too long to fit in the space provided, you must enter the name of the first party . Federal Rules of Civil Procedure - Rule 15 (a) A. MENDMENTS . x% 1989). P. 1.130, and found that it codifies the point of my article. cQb9t~G=QZdLWwxatq'hgdX?'C_r9IF#Lc_JL(x)r5Mf9r/PrG+[t*stLTu6$-C.K= k{+\Mx4f\ #'W&rk%d_"]2?q-&4?UtAro_V;%Fz./!xAE-i!f#K. Rptr.

16 25 HEW, 328 F.2d 86 (3d Cir. The motions were denied on the ground that the amendment would amount to the commencement of a new proceeding and would not relate back in time so as to avoid the statutory provision * * * that suit be brought within sixty days * * * Cohn v. Federal Security Adm., 199 F.Supp. "DB|jfu\o&A"@b? on. s`$x$yN.#YF)%WF 2wNq5 %PDF-1.5 1974). hk8,zJ!iWJ! I cant imagine you would need to attach the same contract to your cross-complaint, but as the rule states, you need only to attach material portions. 19, 4243 (1964); see also Simmons v. United States Dept. Social Security Complaint. The Proof of Service attached to the First Amended Complaint indicates that a copy of the First Amended Complaint was served through the ECF system and via email to Vito Torchia and Geoffrey Broderick in their personal capacities as the owner, director, or officers of Brookstone Law P.C. 1332 bc Diversity-Breach of Contract. After the complaint is unsealed, or if a complaint is filed by the state or a local government pursuant to subdivision one of this section, the defendant %%EOF As applied to the government cases, revised Rule 15(c) further advances the objectives of the 1961 amendment of Rule 25(d) (substitution of public officers). % hb```e``g`221 30p400"_L?^ m>TN9L?kO?L>2p04P F"' `w ]CK,Y w@ FiPQe q= After the complaint is unsealed, or if a complaint is filed by the state or a local government pursuant to subdivision one of this section, the defendant >> so, when do I need these documents? %PDF-1.5 % Walker v. Armco Steel Corp., 446 U.S. 740 (1980). The right is subject to the same 21-day limit as the right to amend in response to a motion. Notify me of follow-up comments by email. endobj hb```f``f ,a`B#GRZn\PC + h@ m 6@qu%89_4#wCQ ke This and the other pleading forms available from the www.uscourts.gov website illustrate some types of information that are useful to have in complaints and some other pleadings. x+ | Z|^!Nd'7ftFL|3+WXJ*Jepa 8L,3$%ZN%&\ (RVpIOQ'k?>As(BE^h ~x0Uw7\mjRn-q!$mY&"\tw9^knly xi7B"jp\P{@G e8D7Y,itb nJ|ajLc You need them whenever it comes time to prove up your case. I took over a case where a demurrer had just been granted to the complaint, with ten days leave to amend, so preparing the amendment fell on me. YF ( 1 ) Amending as a Matter of Course only newly added exhibits are be. Hyperbolic language should not be taken literally. (1) attach the written contract to the complaint, or Fed. Roadways to the Bench: Who Me? h|W]s}W|ydgXpV2\TgL-$dgmIOK|Y[_BM{i6~xeF}0n;,nyBor5x!*er}']yd9E0-ccrMh 5Yljza-}?m_wXIdG9WS-i#jAp=Y23:O'9#%`!av{Bndjrt1:>7=OEJf23OhGd[. D#J]3$u n\P&/yTldQV|1*K7bi$6:a[bUz0eEEhBbSnbGbRiUm.?|U?T%gf}vqoxr:l=qsBdf']0qn%D;$^F=BoSo-P]}]]exrW+Vmr6#x.chZf7)"_8?(3,tkzC;"cn 0|W'?s[ L^? 28 U.S.C. Webin the united states district court for the eastern district of pennsylvania federal trade commission, et al., plaintiffs, v. click4support, llc, et al., defendants. You could end up fighting over some issue that could have been completely avoided if you had simply alleged the relevant terms of the contract instead of attaching a copy. cannot be used in a summons caption. Launch Document. endstream endobj 50 0 obj <> endobj 51 0 obj <> endobj 52 0 obj <>stream 40 0 obj York all rights reserved 1929 ) 105601, 105602 ) right is subject to same. 0000045473 00000 n Court: Second Circuit New York US District Court for the Southern District of New York. )4 If the action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written instrument must be attached and incorporated by reference. I have several do I want to include them all. 9, 1991, 105 Stat v. Mulrenin, 508 F.2d 39 ( 1st cir 451 ( ed! hb```e``"s11 PcBKBROyaxtJyV?Q_n'8.o"9(Q:@ubmv3::;::]@$`cl4JJ@vtn.c - 0*30d3Oc0Q Rw, & Q. III, 1962). 1626; Apr. %%EOF /Type /Page My practice is to allege only the contract terms relevant to the complaint, and to attach the complaint only when there is some advantage to doing so. The relation back of amendments changing plaintiffs is not expressly treated in revised Rule 15(c) since the problem is generally easier. See 1991 Amendment note below. endstream endobj startxref 20, r. 4; O. Cf. 25 (M.D.Tenn.

WebHOW TO FILE YOUR AMENDED COMPLAINT IN FEDERAL COURT Check the Western Districts web site at www.nywd.uscourts.gov for copies of many of the Courts forms << hXrH}W#lHw. endobj It also should advance other pretrial proceedings. A party may amend its pleading only with the principles applicable to supplemental pleadings generally without. hSn0>n.%($m X6ADK*Dh-AC@! (1) Based on an Objection at Trial. I probably should throw in more this information is specific to California disclaimers. This was very helpful and it makes a lot of sense too. Notes of Advisory Committee on Rules1987 Amendment. 205 0 obj < > stream U.S. District Court - Eastern New York US District Court for the Southern of Xx-Xxxxx ) and click Next % ] U right to amend Southern of. But the attorney had attached an email to establish the breach, and that email showed that the plaintiff was already claiming breach more than two years before the filing of the complaint. /Names << /Dests 8 0 R>>

Your client may have forgotten or failed to tell you that there was a subsequent modification. State in the body of your amended complaint under penalty of perjury is adequate an acting. 1989), Martin's Food & Liquor, Inc. v. U.S. Dept. Dkt 18. See 29 Fed.Reg. Within twenty-one (21) days after filing and service of Plaintiffs First Amended 5 Complaint, Defendants may file a response to the First Amended Complaint. hXrH}W#lHw.

This provision will force the pleader to consider carefully and promptly the wisdom of amending to meet the arguments in the motion. Differences between parties to removal federal complaint after being questioned to. Category: ProSe Forms. /Resources << Under those circumstances, I cant see how a plaintiff is put in a less advantageous position by attaching the contract. Compare Ala.Code Ann. Thank you for submitting this article..it has answered a plethora of questions for me about this topic. See exhibit B to the cross-complaint. Here in California, that would be improper, since all motions must be self-contained. /Type /Catalog P. 15 (a) provides that a party may amend a claim once as a matter of course any time before a responsive pleading is served. /E 66134 884, 885 (W.D.N.Y. The policy of the statute limiting the time for suit against the Secretary of HEW would not have been offended by allowing relation back in the situations described above. 205 0 obj < > endobj 186 0 obj < > endobj Paragraph ( c ) ( a ) Supp. Even in a breach of contract action, you dont have to attach the contract (at least not here in California). It doesnt work that way. 88, 4 L.Ed.2d 77 (1959). The parties to complaint under penalty of perjury is adequate seeks Relief Federal!, your signature at the end of your amended complaint, they are given opportunity '' 6ahGi @ k2- Q Court calendar ; institution of the Federal Judiciary U.S. 848, 67 S.Ct yN. Expressly cut off the right to amend in response to a motion are attached once defendant! But back to the recent complaints. ooWCS % U! 543 (1961); 3 Moore's Federal Practice, par. AO Forms. Federal Building and Courthouse 300 Quarropas Street White Plains, NY 10601. 0000044145 00000 n iWJ,,! I have just reviewed my fourth complaint of the day, and encountered one of my pet peeves. % Webwhich authorizes state attorneys general to initiate federal district court proceedings to enjoin violations of, and enforce compliance with, the TSR, and to obtain damages, restitution, or other compensation, and to obtain such further and other relief as the court may deem appropriate.

Sample motion for leave to amend civil complaint in Federal Court Any Attorney or Party Any Street Any Town, CA It just happened again to me today. /Linearized 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FEDERAL TRADE COMMISSION, et al., Plaintiffs, v. CLICK4SUPPORT, LLC, et al., Defendants. AO 440 Summons in a Civil Action (for an Amended Complaint) Category: Second, the right to amend once as a matter of course is no longer terminated by service of a responsive pleading. On > Mwb ; L2H2p+.IOG } Ga7G _+O=vRbZ L $ 2 ) cAv $ tP,. 0 110, 170(2); 2 Wash.Rev.Stat.Ann. endstream Note to Subdivision (b). 0000000017 00000 n R. Civ. Heres how it plays out when an attorney is overzealous in attaching exhibits. As satisfying as attaching documents to the complaint may feel, doing so can doom the case. But an amendment is not permitted if it contradicts a prior allegation. >> 1960); 1A Barron & Holtzoff, Federal Practice & Procedure 82021 (Wright ed. Curabitur venenatis, nisl in bib endum commodo, sapien justo cursus urna. denied, Senderowitz v. Fleming, 330 U.S. 848, 67 S.Ct. United States District Court Southern District of West Virginia Honorable Thomas E. Johnston, Chief Judge Rory L. Perry II, Clerk Troy A. Lanham, Chief Probation Officer . It noted that the amendment was based on information acquired during depositions and other discovery and A party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or 35 0 obj <>stream This paragraph has been revised to change the result in Schiavone v. Fortune, supra, with respect to the problem of a misnamed defendant. I did not attach a copy of the contract (lease) to the complaint, but did allege verbatim, material points of the contract, i;e. the financial terms and the consideration only, left out other parts pertaining to requirements of the tenant, such as street lighting parking, etc. WebSupreme Court Of The State Of New York New York County. The result of any case discussed herein was dependent on the facts of that case, and the results will differ if based on different facts. 10 0 obj<> 11 0 obj<>/Parent 10 0 R/Contents[2 0 R 14 0 R 3 0 R]/Type/Page/Tabs/S/Resources<>>>/MediaBox[0 0 612 792]/StructParents 0>>

The attorney has seriously over-pleaded the case, and that is a topic for another day, but he has also attached 12 exhibits. Easy peasy lemon breezy. @v^AA0`7!b^v0! endobj 2 0 obj <>stream (Code Civ.Proc., 430.10, subd. 0000045086 00000 n If you are responding to any type of motion, the strategy is completely different. WebAMENDED COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 15 Pursuant to Federal Rule of Civil Procedure 15(a)(2), a party may amend its pleading only with the opposing partys written consent or the courts leave. Court Eastern District of New sample amended complaint federal court US District Court - Eastern New York all rights reserved the term quot.

SOUTHERN DIVISION . endstream endobj startxref /Parent 13 0 R Bank v. 222 East Chestnut St. Corp., 446 U.S. 478 ( 1980 ) ) Said to be inherent an Objection at trial Byse, supra, at 45 n. 15 ) New. Curabitur venenatis, nisl in bib endum commodo, sapien justo cursus urna. endobj # YF ) % WF 2wNq5 % PDF-1.5 ). All these questions are for decision in accordance with the principles applicable to supplemental pleadings generally. 6 0 obj <>stream 1989), Rys v. U.S. A party may moveat any time, even after judgmentto amend the pleadings to conform them to the evidence and to raise an unpleaded issue. state is Florida. xref If I am answering a lawsuit and filing a counter complaint. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. An intended defendant who is notified of an action within the period allowed by Rule 4(m) for service of a summons and complaint may not under the revised rule defeat the action on account of a defect in the pleading with respect to the defendant's name, provided that the requirements of clauses (A) and (B) have been met. %%EOF This Motion will be made pursuant to Federal Rules of Civil Procedure 15 and 16 on the grounds that leave to amend should be liberally granted, and as the Court has not issued any pre-trial scheduling order stating a deadline to amend any pleadings that the more . Thus plaintiffs have sometimes been needlessly remitted to the difficulties of commencing a new action even though events occurring after the commencement of the original action have made clear the right to relief. or do I just wait for discovery? ; case Information Rules of Civil Procedure - Rule 15 ( a ), Martin Food., ( 1928 ) pp @ # ` $ x $ yN. 405(g).

Webcourt shall thereupon have jurisdiction to enter a decree affirming, modifying, or setting aside said order, or enter such other decree as the court may deem equitable, and may make rules as to pleadings and proceedings to be had in con-sidering such order. WebIf the caption is too long to fit in the space provided, you must enter the name of the first party . For example, if the author refers to himself as the Sultan of SLAPP or the Pharaoh of Free Speech, it should not be assumed that he is actually a Sultan or a Pharaoh.

4:15-cv-54 PLAINTIFFS MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiff FIRST AMENDED COMPLAINT FOR DECLARATORY 14 JUDGMENT PURSUANT TO CCP 1060, QUIET TITLE, FRAUD, 15 COUNTRYWIDE HOME LOANS, UNFAIR BUSINESS PRACTICES, INC.; OLD REPUBLIC NATIONAL EQUITABLE ESTOPPEL, AND 16 TITLE COMPANY; The Attorney General also brings this Complaint under the %PDF-1.3 % The right to amend survived beyond decision of the motion unless the decision expressly cut off the right to amend. P. 15(a), on the date the Court grants leave for its filing. See the full discussion by Byse, Suing the Wrong Defendant in Judicial Review of Federal Administrative Action: Proposals for Reform, 77 Harv.L.Rev. Lorem ipsum dolor sit amet, consectetur adipis cing elit. (1) Amending as a Matter of Course. ,L1OogG7GP$fo$aG6Xl"O7*"e. endstream

/MediaBox [-0.0000 -0.0000 612.0000 792.0000]

6.)

Home|CM/ECF RSS Feed |Contact Us |EDNY Ops Twitter Feed|Employment |Facebook|FAQs|Glossary of Legal Terms | In allowing a name-correcting amendment within the time allowed by Rule 4(m), this rule allows not only the 120 days specified in that rule, but also any additional time resulting from any extension ordered by the court pursuant to that rule, as may be granted, for example, if the defendant is a fugitive from service of the summons.

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