If a case is currently in the appellate court being appealed by the Plaintiff, can the Plaintiff suddenly submit an amended complaint in the lower court?
Question Details:
This question should be directed to the area of civil procedure; but seems to me, the amended complaint would be subject to a motion to strike or demurrer with prejudice.
The answer to your question is generally, "no." Appeals most often happen after a case is completed - either with a jury verdict or judgment by a judge (summary judgment or dismissal). After that, an amended complaint doesn't revive the case. Even if someone appeals during a case (an "interlocutory appeal"), the case is usually "stayed" while on appeal and nothing can be done until the appeal is complete.