What should I include in an amended Complaint?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 2 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption