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DSmithKMA

-Need A Lawyer's "Suggestion"

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Filed a state suit against a CRA for FCRA violations.

They removed it to federal.

Questions: Can I amend my state complant to include a demand for a jury trial as well as mental suffering, defamation of character, etc.? Do I have to file a motion to amend or can I just file it?

Then after that, can I make a motion to set a trial date? I don't need discovery and see no reason not to get this thing underway.

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Check the Federal Rules of Civil Procedure and any applicable local rules. I don't have the rules in front of me, but my recollection is that you need to make a jury demand within 10 days after removal or it is waived. I think it may be Rule 38.

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Thanks for the reply.

I knew I had ten days for the jury demand, but I want to amend the complaint as well. The complaint right now is the one I filed in state court. I want to add mental suffering, etc.

Als, do I simply file the amended complaint or do I need to file a motion to do so?

Again, any suggesstions are deeply appreciated.

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Also, (I know...a lot of question) :D

Can I start discovery now? I want a copy of the CRA's operating manual with their policies and procedures. Is that reasonable to request through discovery?

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