What should I include in an amended Complaint?

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What should I include in an amended Complaint?

I filed a Complaint, pro se, against a state agency. We were ordered to try mediation, which we did in mid-October. We agreed on a settlement amount….a little more than half of what I would have received if I won my case at our scheduled April trial date. The state agency has not yet made payment, and I am losing trust. As it happens, I had to file a Motion to Amend my complaint because I had one of the defendants’ names wrong. The Court has granted my request. Should I include the information about the settlement in the amendment? Or is the amendment only supposed to address the issue I identified in my motion to amend? I’m wondering if including the settlement agreement information might give me a basis to collect more if I don’t receive payment before our scheduled court date in April

Asked on December 22, 2018 under Employment Labor Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Settlement negotiations are not included in a complaint or amended complaint, and are inadmissible in court. Only the changes in the complaint such as the name change should be included in the amended complaint. However , since the case has been settled, there is no reason to file the amended complaint.


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