APPENDIX D: Other Legal Forms
Most of the legal forms that we discuss in this handbook can be found within the chapters. However, we have also placed some additional forms in this appendix. Remember that these forms are examples and may not apply to your circumstances.
1. Motion for Leave to File an Amended Complaint
Below is one example of a Motion for Leave to File an Amended Complaint. It is an example where the plaintiff wants to add a new defendant. You could also file this type of motion if you want to amend your complaint to include more or different facts, or add a new legal claim.
IN THE UNITED STATES DISTRICT COURT FOR THE
__District of __________
Name of first plaintiff in the case, et al.,
Plaintiff[s],
v.
Name of first defendant in the case, et al.,
Defendant[s]
Civil Action
No._____
MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT
Plaintiff [your name], pursuant to Rules 15(a) and 19(a), Fed. R. Civ. P., requests leave to file an amended complaint adding a party.
1. The plaintiff in his original complaint named a John Doe Defendant.
2. Since the filing of the complaint the plaintiff has determined that the name of the John Doe defendant is [defendant’s name]. Paragraphs [paragraphs in which you refer to John Doe] are amended to reflect the identity and the actions of Officer [defendant’s name].
3. This Court should grant leave freely to amend a complaint. Foman v. Davis, 371 U.S. 178, 182 (1962).
[Date]
Respectfully submitted,
[Plaintiff’s name]
[Plaintiff’s Address]
2. Declaration for Entry of Default
IN THE UNITED STATES DISTRICT COURT FOR THE
__District of_______
Name of first plaintiff in the case, et al.,
Plaintiff[s],
v.
Name of first defendant in the case, et al.,
Defendant[s]
Civil Action
No.___
DECLARATION FOR ENTRY OF DEFAULT
[Your name], hereby declares:
I am the plaintiff herein. The complaint herein was filled on the [day you filed the complaint] of [month, year you filed the complaint].
The court files and record herein show that the Defendants were served by the United States Marshal with a copy of summons, and a copy of the Plaintiffs’ complaint on the [day of service] of [month, year of service].
More than 20 days have elapsed since the date on which the Defendants herein were served with summons and a copy of Plaintiffs’ complaint, excluding the date thereof.
The Defendants have failed to answer or otherwise defend as to Plaintiffs’ complaint, or serve a copy of any answer or any defense which it might have had, upon affiant or any other plaintiff herein.
Defendants are not in the military service and are not infants or incompetents.
I declare under penalty of perjury that the foregoing is true and correct. Executed at (city and state) on (date).
________________________
Signature
3. Motion for Judgment by Default
You only need to submit this Motion if the court clerk enters a default against the defendant.
IN THE UNITED STATES DISTRICT COURT FOR THE
__District of_______
Name of first plaintiff in the case, et al.,
Plaintiff[s],
v.
Name of first defendant in the case, et al.,
Defendant[s]
Civil Action
No._____
MOTION FOR DEFAULT JUDGMENT
Plaintiffs move this court for a judgment by default in this action, and show that the complaint in the above case was filed in this court on the [date filed] day of [month, year filed]; the summons and complaint were duly served on the Defendant, [Defendants’ names] on the [date served] day of [month, year served]; no answer or other defense has been filed by the Defendant; default was entered in the civil docket in the office of this clerk on the [day default entered] day of [month, year default entered]; no proceedings have been taken by the Defendant since the default was entered; Defendant was not in military service and is not an infant or incompetent as appears in the declaration of [your name] submitted herewith.
Wherefore, plaintiff moves that this court make and enter a judgment that [same as prayer for relief in complaint]
Dated: ________
________________________
[your signature]
Plaintiffs’ Names and Addresses
4. Notice of Appeal
IN THE UNITED STATES DISTRICT COURT FOR THE
__District of_______
Name of first plaintiff in the case, et al.,
Plaintiff[s],
v.
Name of first defendant in the case, et al.,
Defendant[s]
Notice of Appeal
Notice is hereby given that [ name all parties taking the appeal], plaintiffs in the above-named case, hereby appeal to the United States Court of Appeals for the _________ Circuit (from the final judgment) (from an order (describing it)) entered in this action on the __________ day of ______, 20___
Dated: ________
________________________
[your signature]
Plaintiffs’ Names and Addresses