QUESTION
How do I amend my Bill of Particulars in a case that was appealed from General District Court to Circuit Court in Virginia?
Asked on Feb 21st, 2014 on Civil Litigation - Virginia
More details to this question:
Obviously, I move for leave. However, my question relates to the fact that in Virginia a Bill of Particulars is filed in General District Court while a Complaint is filed in Circuit Court. What should the amended filing be titled? Is it an Amended Bill of Particulars? Or, should it be a First Amended Complaint? A lawsuit that I filed in General District Court was dismissed because of a "deficiency in [my] pleading. The judge noted to defense counsel that it was a waste of the Court's time and asked him to allow me to amend the pleading without a dismissal as it would result in an immediate appeal where I would amend the same.
1 ANSWER
It would have been nice if you had just nonsuited and started over. If you are at the appeal stage in Circuit Court, you can file a motion seeking leave to file an Amended Complaint/Bill of Particulars, file a praecipe to put it on the Motions day docket for hearing, and the Judge will almost certainly allow you to file a cleaned up document. Judge's don't like to see dismissals on techniucal items that can be fixed, and the rules provide that leave to amend should be liberally given
Answered on Feb 22nd, 2014 at 8:50 AM