PRETRIAL ADJUDICATION
...Pleading
......Amendments
.........Timing
4 Cards On This Topic:
  • One D's filing of an answer does not divest P of the right to amend the complaint with respect to the causes of action brought against other demurring Ds.
  • Equitable tolling inapplicable to extend deadline for pursuing admin. remedy under state Whistle Blower Protection Act where P pursued federal action for years before alleging Whistle Blower C/A in amended state complaint.
  • Ct. may refuse to allow D to amend answer so as to deny allegation if request made during trial.
  • Timely request to amend answer should be granted.