Charlotte, NC asked in Divorce for North Carolina


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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Cary, NC
  • Licensed in North Carolina

A: You file an amended complaint. Where it says "complaint" you type in "amended complaint" and then you retype whatever stays the same and what is changed. You can file this without approval from the court if the answer has not been filed. If the answer is already filed then you have to attach a motion to the proposed amended complaint and advise the court what you have to amend and why. The original of the motion is filed and a copy is served on the opposing counsel. If the amendment is minor in scope you may even be able to get the opposing party to consent. If its major (like adding something) then there may be some opposition in which case the court will have to decide. You will have to consult your local rules to see if the motion has to be scheduled for a hearing before the judge - some times the motion can just be submitted to the judge without you having to have a hearing. If a hearing needs held, then you have to contact the trial court administrator and fill out any scheduling forms and serve those as well with notice of a hearing date (which you will get from the trial court administrator).

See NC GS, § 1A-1, Rule 15. Amended and supplemental pleadings.

(a) Amendments. - A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within 30 days after it is served. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within 30 days after service of the amended pleading, unless the court otherwise orders.

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