Can a plaintiff’s motion for leave to amend original complaint be granted by a circuit court judge without scheduling a hearing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a plaintiff’s motion for leave to amend original complaint be granted by a circuit court judge without scheduling a hearing?
I filed a motion for leave to amend my original complaint. I sent the motion, the amended complaint, and an order for the judge to sign, which she did. So my amended complaint has been filed. The opposing side filed a ‘motion for reconsideration’ stating that it was unlawful for the judge to sign in and that a hearing is required by law. I am a pro se, out of state plaintiff. This case involves a negligent real estate appraisal.
Asked on September 17, 2019 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The opposing side is correct. A motion requires giving the other chance an opportunity to oppose or challenge the motion--at a minimum in writing, but also at a hearing, if either side asks for it. It is illegal for a judge to grant an order like that on an "ex parte" basis, or with only hearing from one sidem, not the other.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.