Official Procedure Last Change June 25, 2018
Motion for Leave to Amend Adversary Complaint / Pleading
How to file:
Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Amend Complaint/Pleading, Motion for Leave to
Things to be aware of when filing: A motion for leave to amend is not always required to amend a pleading. Consult FRBP 7015 to determine this.
Consult FRBP 7015 to determine when an amended pleading may be filed without the need to file a Motion for Leave to Amend.
- The Motion must be signed by the filing party or their attorney.
- A Certificate of Service must be included.
- Do not file the Amended Complaint or pleading along with the Motion. It should be filed once the Motion has been granted.
- A proposed order must be uploaded. The order must not contain language indicating that the amended complaint will be 'deemed filed' upon granting of the Motion or similar.
1. Log into CM/ECF.
2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Amend Complaint/Pleading, Motion for Leave to from the event list and click Next.
5. Check box if jointly filing with another attorney. Click Next.
6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.
Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.
7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
8. Browse to attach the document to be filed (pdf file). Click Next.
9. Check the box next to the complaint or pleading that you are amending and click Next.
10. Select prefix text, if applicable, and click Next.
Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.
11. Verify final docket text. If correct, click Next to submit.
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.
12. Upload proposed order.