frcp 12 (b) motion dismiss and frcp 15 amendment complaint

Procedures for this branch of Government

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frcp 12 (b) motion dismiss and frcp 15 amendment complaint

Postby Teresa » Thu Mar 15, 2007 9:24 am

Procedural status and background:

The defendent filed a motion to dismiss. I have filed an opposition, and she filed a reply. The court is to decide the motion on Monday March 19th without an oral hearing. I said in my complaint and my opposition that I knew my complaint was not drafted right (I did not include "numbered" causes of actions, and several needed elements, etc.) I never served the complaint, but she found out about it and just filed a motion to dismiss (no service, no answere, no nothing).

If I can amend it I can easily defeat her 12 (b) motion, and I did say this in the opposition as well as arguing the actual motion.

My question is Should I file and serve an amended complaint BEFORE the judge rules on Monday? Or should I file a formal motion to amend my complaint before Monday? Or should I leave it alone for now and let the judge decide that I can amend the complaint?

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