Chapter 2 - FORM 2-13 : MOTION TO AMEND COMPLAINT TO ADD CLAIMS—UNOPPOSED

• Jurisdiction: Colorado

Form 2-13: Motion to Amend Complaint to Add Claims—Unopposed

District Court, __________ County, Colorado Court Address:	▲ COURT USE ONLY ▲
Plaintiff(s): v. Defendant(s):
Attorneys for Plaintiff (Name and Address) Phone Number: FAX Number: E-mail: Atty. Reg. #:	Case Number: Div.: Ctrm.:
PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

Plaintiffs, through counsel, pursuant to C.R.C.P. 15(a), for their Unopposed Motion for Leave to File Amended Complaint, state as follows:

CERTIFICATION

Pursuant to C.R.C.P. 121 § 1-15(8), counsel for Plaintiffs have conferred with counsel for Defendants. Counsel for Plaintiffs is authorized to state that counsel for Defendants has no objections to the relief requested in this Motion.

MOTION

1. This case involves claims that arise out of [describe facts underlying the dispute].

2. On or about [date], Plaintiffs filed their complaint in the above-captioned matter.

3. On or about [date], Defendants filed their answer to Plaintiffs' complaint.

4. On or about [date], the remaining defendants accepted service of process of the complaint.

5. The remaining defendants have not yet answered the complaint.

6. Plaintiffs now request permission to add additional claims against [name of defendant] and [name of defendant] for [types of claims]. Each claim relates to [describe facts underlying the dispute as stated in paragraph 1 above].

7. Rule 15(a), C.R.C.P. provides that "a party may amend his pleading" by leave of court and such "leave shall be freely given when justice so requires." In determining if leave is warranted, the Colorado Supreme Court has given the following guidance:

"In the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.—the leave should, as the rules require, be 'freely given.'"
Varner v. Dist. Court, 618 P.2d 1388, 1390 (Colo. 1980), quoting Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230, 9

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