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?

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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?

Asked on December 4, 2012 under Estate Planning, Illinois

Answers:

Victor Waid / Law Office of Victor Waid

Answered 10 years ago | Contributor

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.

Catherine Blackburn / Blackburn Law Firm

Answered 11 years ago | Contributor

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.


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