I have been asked to do a Amendment to a complaint to delete a party and add another one.... What do I do?
I am confused on what form I am to use. Also do I have to redraft the entire pleading to incorporate the proposed amendments in a single new pleading? This is going to go for an ex parte hearing so what other documents need to be prepared.... Please help...Any suggestions and or comments will be greatly appreciated. Thanks
New document. It's not an amendment, it is an 'Amended Complaint.'
You take out the name you are dropping, and you add the name you want to add in the caption. Then in the pleading you add the name of the person you are including in the paragraph or section relating to why he's being sued also. An ex parte hearing is any hearing where only one side is present, in this case it may be just to review the documents so you need for the hearing whatever documents you needed for the last hearing when you were told to amend.
That's about as close as I can come based on the facts in your question. Good luck.
Basically an Amended Complaint is fairly identical to the Complaint - take your complaint and save it as Amended Complaint - fix your party information and make sure the complaint refers to the correct party.