Can I I File A Complaint With a Motion for Leave to File?
Full Question:
Need to know what form to file a complaint under emotional injury, IIED, Intentional infliction of emotional distress. The general time limit to file is one year, but I have missed that time limit. Do I need to file first an application for permission to file, and await the court's decision on the application, or do I attach the permission to file along with the complaint?
08/30/2010 |
Category: Civil Actions |
State: New York |
#23053
Answer:
It is generally permissible to file a complaint at the same time as a motion for leave to file. Often, the complaint will be attached to the motion for permission to file the same as an exhibit. For example, the motion may request leave to file the attached complaint, attached as Exhibit A. However, you may wish to consult the local court rules, which vary by local court. We suggest you call the clerk of courts to obtain a copy of the local court rules. In some cases, they may be available online.