How do I amend a petition for show cause?
Full Question:
Answer:
A party make may a motion for leave to the court to seek permission to file a pleading when it is not allowed automatically by right. Often, when a party needs to amend a pleading, he/she can file a motion for leave to amend. A motion for leave to amend requests that the court allow a party to amend a pleading. Usually the moving party is seeking to correct, modify, add to or delete facts, causes of action or parties. A motion for leave to amend must be served on the opposing parties to allow them the opportunity to oppose the motion, but permission for leave to amend are often freely given.
The following are Illinois statutes:
735 ILCS 5/2-609
Sec. 2-609. Supplemental pleadings.
Supplemental pleadings, setting up
matters which arise after the original pleadings are filed, may be filed
within a reasonable time by either party by leave of court and upon terms.
735 ILCS 5/2-616
Sec. 2-616. Amendments.
(a) At any time before final judgment amendments may be allowed on just
and reasonable terms, introducing any party who ought to have been joined
as plaintiff or defendant, dismissing any party, changing the cause of
action or defense or adding new causes of action or defenses, and in any
matter, either of form or substance, in any process, pleading, bill of
particulars or proceedings, which may enable the plaintiff to sustain the
claim for which it was intended to be brought or the defendant to make a
defense or assert a cross claim.
(b) The cause of action, cross claim or defense set up in any amended
pleading shall not be barred by lapse of time under any statute or contract
prescribing or limiting the time within which an action may be brought or
right asserted, if the time prescribed or limited had not expired when the
original pleading was filed, and if it shall appear from the original and
amended pleadings that the cause of action asserted, or the defense or
cross claim interposed in the amended pleading grew out of the same
transaction or occurrence set up in the original pleading, even though the
original pleading was defective in that it failed to allege the performance
of some act or the existence of some fact or some other matter which is a
necessary condition precedent to the right of recovery or defense asserted,
if the condition precedent has in fact been performed, and for the purpose
of preserving the cause of action, cross claim or defense set up in the
amended pleading, and for that purpose only, an amendment to any pleading
shall be held to relate back to the date of the filing of the original
pleading so amended.
(c) A pleading may be amended at any time, before or after judgment, to
conform the pleadings to the proofs, upon terms as to costs and continuance
that may be just.
(d) A cause of action against a person not originally named a defendant
is not barred by lapse of time under any statute or contract prescribing or
limiting the time within which an action may be brought or right asserted,
if all the following terms and conditions are met: (1) the time prescribed
or limited had not expired when the original action was commenced; (2) the
person, within the time that the action might have been brought or the
right asserted against him or her plus the time for service permitted under
Supreme Court Rule 103(b), received such notice of the commencement of the
action that the person will not be prejudiced in maintaining a defense on
the merits and knew or should have known that, but for a mistake concerning
the identity of the proper party, the action would have been brought
against him or her; and (3) it appears from the original and amended
pleadings that the cause of action asserted in the amended pleading grew
out of the same transaction or occurrence set up in the original pleading,
even though the original pleading was defective in that it failed to allege
the performance of some act or the existence of some fact or some other
matter which is a necessary condition precedent to the right of recovery
when the condition precedent has in fact been performed, and even though
the person was not named originally as a defendant. For the purpose of
preserving the cause of action under those conditions, an amendment adding
the person as a defendant relates back to the date of the filing of the
original pleading so amended.
(e) A cause of action against a beneficiary of a land trust not
originally named a defendant is not barred by lapse of time under any
statute or contract prescribing or limiting the time within which an action
may be brought or right asserted, if all the following terms and conditions
are met:
(1) the cause of action arises from the ownership, use or
possession of real estate, record title whereto is held by a land trustee;
(2) the time prescribed or limited had not expired when the original action
was commenced;
(3) the land trustee of record is named as a defendant; and
(4) the plaintiff proceeds with reasonable diligence subsequent to the
commencement of the action to serve process upon the land trustee, to
determine the identity of the beneficiary, and to amend the complaint to
name the beneficiary as a defendant.
(f) The changes made by this amendatory Act of the 92nd General Assembly
apply to all complaints filed on or after the effective date of this
amendatory Act, and to complaints filed before the effective date of this
amendatory Act if the limitation period has not ended before the effective
date.