It is a request for the court to grant permission to change or alter the complaint.
Dismissal without leave mean is a legal term which mean that the suit has been completely dismissed. There is not option to refile the complaint or amend it.
A motion for leave to amend a felony complaint is filed by the prosecutor (DA) to request permission to make changes or additions to the original charges. It does not necessarily mean a motion to drop the charges, but rather a request to modify the existing charges based on new evidence or circumstances.
So long as a court has not ruled on a pending Motion to Dismiss, you may amend your complaint.
You are asking the court to amend your response to the original complaint brought against you.
I guess it depends on the state and type of motion presented.
Not totally familiar with that exact terminology, but it sounds like you're referring to a Nolle Prosequi.
amend means to changeIt means to change or edit
Essentially, it means "changed" or "restated". A good example may be when a Plaintiff's original complaint is dismissed after the Defendant files a motion asking the court to do so, argument on the motion occurs, and the court grants the motion. Generally, the Plaintiff is given permission to "amend" the complaint, such that the next version of it is called the "Amended Complaint".
change
The word amend means to change. So a motion to amend indictment means a motion to change the indictment.
A dismissed complaint is no longer before the bankruptcy court, and so it cannot be amended; there is, legally speaking, nothing to amend. However, if the complaint was dismissed without prejudice then a new complaint can be filed, provided that the causes of action alleged in the complaint are not barred by any applicable statute of limitations.
When a judgment of divorce is vacated it is nullified and cannot be amended. You would need to refile via a new complaint for divorce.