I’m a defense attorney but filed a counterclaim in a case. We want to drop all but one count. We provided an amended CC to OC and asked if they would agree. If they did, our plan was to file an unopposed motion to amend. OC is saying the proper procedure would be to voluntarily withdraw the other counts instead. Problem is, there is some language about damages in the intro paragraphs that relate to the counts we want to drop, and we want to remove that language too. Any insight?

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You can amend once without leave from OC or the court. Have you already amended once? Otherwise just file the motion to amend. It doesn’t need to be joint to have a good success of winning. Pleading standard is liberal and sounds like you have good reasons to amend.

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You can only amend without leave if nothing has been filed by OC/OP. If so, then Motion must be heard; or, you stipulate with OC.

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