Q: Does an Amended Petition replace/supersede an original Petition?
I filed a petition, pro per. Before it was considered, I mistakenly filed an Amended Petition with new information not detailed in the first petition. The court dismissed the Amended Petition with prejudice. Can I revert to the first filed petition?
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A:
In California civil procedure, an Amended Petition generally supersedes and replaces the original petition entirely. When you file an amended pleading, it completely takes the place of the original filing, and the original petition becomes legally void.
Since your Amended Petition was dismissed with prejudice, this means the court made a final determination on the merits of your case. Unfortunately, you cannot revert to the original petition because it was effectively nullified when you filed the amended version. A dismissal with prejudice also means you cannot file another petition based on the same claims.
Your best option at this point would be to consult with a legal professional about the possibility of appealing the court's dismissal of your Amended Petition, if you have valid grounds for appeal. The appeal would need to be filed within strict time limits, so it's important to seek guidance promptly if you wish to pursue this route.
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