PRETRIAL ADJUDICATION
...Pleading
......Amendments
.........Supersedes Original
6 Cards On This Topic:

If verified pleading contains allegation rendering it vulnerable, defect can’t be cured by omitting allegation, without explanation, in amended pleading.

P cannot circumvent defect in original complaint by failing to include it in amended complaint.

Amended pleading will take place of prior pleadings where amended pleading attempts to avoid defects in prior pleading made through mistake or inadvertence.

Amended complaint may remove language fatal to legal sufficiency of original complaint if allegations omitted were not facts essential to stated causes of action.

If amended complaint omits D, it amounts to dismissal without prejudice and that D may be rejoined in later amended pleading and served again.

Superseded/amended pleading may be offered to impeach, but not as direct evidence to establish fact at issue.