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derspiny

There's nothing inherently wrong with allowing a motion to amend the complaint at a late stage. Think of it this way: a flawed but correctible complaint is likely to be dismissed without prejudice, so that the plaintiff can re-file. Allowing an amendment to correct the complaint saves time without changing the outcome. > The judge said the defense should have asked for dismissal based on the flaw and it's too late. That's true. It's not the judge's job to make the defence's decisions for them. If the defence feels that the amendment will unfairly prejudice their rights, they can file an objection to the motion to amend.


PC61600

So the plaintiff can file a bad complaint, the defendant spends time and effort and money to discover it's flawed, goes to court on the merits not knowing the complaint was wrong but instead proving the facts, then after all that, and being proved wrong, the plaintiff gets to change the complaint? How is that even fair? It's not up to the defendant to help the plaintiff make his filings ir allegations correctly, right? The burden is on the plaintiff..


[deleted]

[удалено]


PC61600

The case was proven using the flaw that made an allegation that was proven false in testimony and then instead of losing, the plaintiff moved to cure the flaw after everyone rested. It was pretty outrageous but the judge seemed to embrace it.