Can a plaintiff’s motion for leave to amend original complaint be granted by a circuit court judge without scheduling a hearing?

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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