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Topic: Are opposing party statements in Motions considered fact at trial? and does amending the complaint effect that standing?

Created on: 04/18/18 12:12 AM

Replies: 0

JOSEPH40


Joined: 04/07/18

Posts: 4

Are opposing party statements in Motions considered fact at trial? and does amending the complaint effect that standing?
04/18/18 12:12 AM

Hi, I am really glad i found out about this course before I waded any deeper into this case. I was just about to mess up severely.
I have been given opportunity to amend my complaint by the Judge (after hearing on motion to dismiss) in order to correct deficiencies in some claims. Are statements made by the Defendant in the motion to dismiss (including an affidavit) considered fact at the trial?
Defendant is sure to motion to dismiss claims again- if he contradicts his prior statements, will that annul the prior statements?
My impression has been that filing an amended complaint provides a complete new start for both Plaintiff and Defendant with past statements on record invalidated- is that a valid view point?
Thanks!

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