Q: what is considered timely service of a motion to dismiss in civil court.? At what point and how do you amend your comp?
A: Presumably, this is a question for an Illinois lawyer. If, per chance, the case is in California service has to be completed a certain number of days prior to the hearing of the motion, depending on the type of the motion. There are numerous issues related to amending complaints and how to go about the same, in California.
A: A motion to dismiss and the timing is dictated by local rules, but usually no less than 5 days advanced notice is required. To amend your complaint (I assume that is what you are referring to), prepare the amended complaint, notice of motion and motion and set it before the court. Ask the judge for leave to file the amended complaint instanter, or at the time the judge enters the order allowing the filing. The order would give the defendant(s) time to answer or otherwise plead. A complaint can be amended any time, including during after a trial to conform to the proofs.
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