ILLINOIS GRANTS RIGHT TO AMEND ANY TIME BEFORE JUDGMENT?

1/7/2010

CHICAGO-(AEAE)- The Fourth District Illinois Appellate Court refused to rule on the members’ argument that they were entitled to amend their third-party complaint. The court ruled that the members’ failure to proffer the amended third-party complaint to the trial court resulted in forfeiture of the question. “The pool members did not include a proposed amended complaint with supporting facts in the trial court. The failure to do so ‘significantly diminishes our ability to determine whether the proposed amendment’ would provide them with a viable theory against RMA and Murray [third party defendants] … The failure to tender the proposed amendment forfeits review of the trial court's decision.”
So the lesson is: to assure there is a complete record for appeal, always proffer your proposed amended pleading to the trial court. Failing to do so may be a forfeiture of an argument on appeal that you improperly were not allowed leave to amend.
You can read the whole case, Illinois Non-Profit Risk Management Assn. v. Human Service Center of Southern Metro-East, No. 4-07-0472 (1/9/08), by clicking here.

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Big Daddy

1/6/2010 06:08:41 pm

I a big fan of "legal" books, I like them better than...

Anon

1/7/2010 04:24:01 am

Watching Stoller trying to talk about law is like watching a dog trying to walk on its hind legs.

Rin Tin Tin

1/7/2010 09:40:06 am

I can walk on my hind legs

1/7/2010 10:46:31 am

I bet Stoller can lick his crotch too.

Americans for the Enforcement of Attorney Ethics