How do I amend pleadings? How do I add parties?
Answer
Amending pleadings and adding parties will require legal research that is tied to the facts of your case. The "Checklist for Amending and Supplementing Pleadings" from a treatise called "LexisNexis Answer Guide to New York Civil Litigation" (available in your local public access law library) lists the elements that must be considered:
- Determine whether pleadings can and should be amended without leave of court under CPLR 3025(a).
- If claims or parties need to be added, obtain leave of court by stipulation of parties to amend pleading. See CPLR 3025(b), CPLR 1003.
- Determine pleadings should be supplemented to set forth additional or subsequent transactions or occurrences. See CPLR 3025(b).
- Respond to amended or supplemental pleading, if necessary, within 20 days after service. See CPLR 3025(d).