No response

[socrateaser]

Attorney fees to defend against a malicious pros are "out-of-pocket"/compensatory, because they arose not in the present action, but as part of the injury caused by the defendant.

You're actually lucky that your ex didn't respond. Most courts won't allow an amendment of damages to include a different class of damages not originally pled (general, special, punitive).

But, since you never pled any specific damages, you're probably ok, either way.

[annemichellesdad]

Thank you for all you help. Just one more quick question.

I realize that, generally, you must be granted leave by motion to file an amendment to an original pleading, unless no response to the original pleading was forthcoming, allowing the plaintiff to file an amendment without having to file the motion to do so first. An amendment may, I understand, add to, delete, or alter parts of the original complaint, while adhering to the fundamental nature of it.

THE QUESTION:
Once the amendment is filed, does the defendant who failed or refused to respond to the original complaint then have an opportunity to respond to the entire lawsuit? Or, may they only respond to the issues brought forward in or altered by the amendment?

On the one hand, they seem to have forfeited their opportunity to respond to the initial complaints. On the other, the filing of the amendment seems also to keep all of the issues open for challenge.

Thank you again! :)


>Attorney fees to defend against a malicious pros are
>"out-of-pocket"/compensatory, because they arose not in the
>present action, but as part of the injury caused by the
>defendant.
>
>You're actually lucky that your ex didn't respond. Most courts
>won't allow an amendment of damages to include a different
>class of damages not originally pled (general, special,
>punitive).
>
>But, since you never pled any specific damages, you're
>probably ok, either way.

[socrateaser]

>THE QUESTION:
>Once the amendment is filed, does the defendant who failed or
>refused to respond to the original complaint then have an
>opportunity to respond to the entire lawsuit? Or, may they
>only respond to the issues brought forward in or altered by
>the amendment?

An amended pleading supersedes its predecessors. Some jurisdictions have express language in the Rules of Civil Procedure stating that the original pleading is no longer effective, except as to the tolling of the statute of limitaitons on any particular action.

If you want to know for certain, you'll have to research it, but I doubt that the court will permit a partial amendment, and you don't want to ask for leave to amend, you just want to file the amended complaint and hope that the judge just lets it go.