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.
The time allowed to amend a complaint varies by jurisdiction and the specific rules governing the case. Generally, under the Federal Rules of Civil Procedure, a party can amend its complaint once as a matter of course within 21 days after serving it, or if the amendment is made after a responsive pleading, within 21 days after that pleading is served. After this period, a party typically needs to obtain permission from the court or consent from the opposing party to amend the complaint. Always check local rules for specific timelines and procedures.
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".
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.
change