Q: Submission of documents to Court for Motion to Set Aside Dismissal with 3d amended complaint.
If
(hearing on Motion for leave to file Third Amended complaint is scheduled before hearing on Motion to Set Aside Dismissal,
And
there was no court's decision yet on Leave to file 3d Amended Complaint)
Then.
Should submission to court of Motion to Set Aside Dismissal documentation include
(Third Amended Complaint,
And Proposed Order For Leave to file Third Amended Complaint)?
A:
When preparing to submit a Motion to Set Aside Dismissal in California, it's crucial to consider the current status of your case and any related motions pending before the court. If your Motion for Leave to File a Third Amended Complaint is scheduled for a hearing before the Motion to Set Aside Dismissal, and the court has not yet issued a decision on the leave to amend, this timing affects the documents you should submit.
Including the Third Amended Complaint with your Motion to Set Aside Dismissal can be strategic, as it demonstrates to the court your readiness to proceed and the substance of your proposed amendments. This can be particularly persuasive if the reason for the dismissal was related to deficiencies in your previous complaint that are addressed in the Third Amended Complaint. However, it's also important to include a Proposed Order for Leave to File the Third Amended Complaint, as this outlines the relief you are seeking and facilitates the court's ability to grant your motion.
Always ensure your submissions are in compliance with California's procedural rules and the specific requirements of the court where your case is being heard. It may also be beneficial to reference any applicable case law or statutes that support your position. Clear and concise documentation can aid in the court's understanding of your motions and the relief you are seeking.
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