peacefrog Posted May 9, 2009 Report Share Posted May 9, 2009 I want to amend my affirmative defenses. The clerk of the court here in Virginia is not helping, because she says she cannot give any legal advice. It has been 90 days since I filed my answer to summons and affirmative defenses. I have been doing a lot of research and I want to add more affirmative defenses. Can it be done? No trial date has been sent and the JDB atty. has sent me some discovery requests. Link to comment Share on other sites More sharing options...
cbairey Posted May 9, 2009 Report Share Posted May 9, 2009 I want to amend my affirmative defenses. The clerk of the court here in Virginia is not helping, because she says she cannot give any legal advice. It has been 90 days since I filed my answer to summons and affirmative defenses. I have been doing a lot of research and I want to add more affirmative defenses. Can it be done? No trial date has been sent and the JDB atty. has sent me some discovery requests.---------------what you need to file would be called a: addendum to affirmitive answersjust plain means a addition to your answer, you will have to send to the JDB Atty and file with the court. Link to comment Share on other sites More sharing options...
peacefrog Posted May 9, 2009 Author Report Share Posted May 9, 2009 I have been resarching the rules of the court and cannot find that this is allowable, but neither can I find that it is unallowable. The clerk won't help with citing a rule for my amendments. What do I do? Again this is a Virginia court Link to comment Share on other sites More sharing options...
cbairey Posted May 9, 2009 Report Share Posted May 9, 2009 I have been resarching the rules of the court and cannot find that this is allowable, but neither can I find that it is unallowable. The clerk won't help with citing a rule for my amendments. What do I do? Again this is a Virginia courtjust as i posted, the clerks wont tell you anything " thats a question for a lawyer cra*"addenum to affirmitve defences.. Link to comment Share on other sites More sharing options...
peacefrog Posted May 11, 2009 Author Report Share Posted May 11, 2009 just as i posted, the clerks wont tell you anything " thats a question for a lawyer cra*"addenum to affirmitve defences..I just read this. Do I file a motion to amend my affirmative defensesRules of the VASCourt:§ vscr-1:8 Amendments. No amendments shall be made to any pleading after it is filed save by leave of court. Leave to amend shall be liberally granted in furtherance of the ends of justice. In granting leave to amend the court may make such provision for notice thereof and opportunity to make response as the court may deem reasonable and proper. Link to comment Share on other sites More sharing options...
FlaLawyer Posted May 12, 2009 Report Share Posted May 12, 2009 I just read this. Do I file a motion to amend my affirmative defensesRules of the VASCourt:§ vscr-1:8 Amendments. No amendments shall be made to any pleading after it is filed save by leave of court. Leave to amend shall be liberally granted in furtherance of the ends of justice. In granting leave to amend the court may make such provision for notice thereof and opportunity to make response as the court may deem reasonable and proper.You probably file a Motion for Leave to Amend Affirmative Defenses. Link to comment Share on other sites More sharing options...
Recommended Posts