Legal Question in Civil Litigation in Virginia

Pro se Plaintiff. The defendant is going to file a demurrer and I would like to moot it by telling the court I would like to amend my complaint.

How do i tell the court during our motion hearing? Do I let the defendant speak first and then the Judge will ask me what I want to do?

The case is in Virginia

Asked on 4/18/16, 5:46 pm

1 Answer from Attorneys

Stephen B. Pershing Stephen B. Pershing, Esq.

Hi there--I would prepare the amended complaint and a motion for leave to file it, and bring them both with you, together with a propsed order granting the motion and accepting the amended complaint for filing. I would file these pleadings with the court clerk's office before I went into the courtroom. Whether or not I was able to do that, I would try to tell the courtroom clerk this before the judge even takes the bench, and if that failed, let the judge know after the parties introduce themselves but before anyone gets up to address the demurrer. This is to keep the other side's characterizations of the case from assailing the judge's ears. If all that fails, just say what you have to say when you're called on. Good luck.

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Answered on 4/18/16, 7:34 pm

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