Amended Complaint Template – Free Download 2026

The court has granted a motion to dismiss your original complaint with leave to amend, giving you the opportunity to cure the deficiencies identified by the court. The court's order will specify what defects must be corrected — failure to state a claim, insufficient factual allegations, or missing elements of a cause of action — and you must address each one in the amended complaint or risk dismissal with prejudice.

Discovery has revealed new facts, new claims, or new theories of liability that were not available when the original complaint was filed. For example, depositions may have uncovered additional wrongdoing, document production may have revealed a previously unknown party's involvement, or interrogatory responses may have disclosed facts supporting an additional cause of action such as fraud or conspiracy.

You need to add or remove defendants from the lawsuit. Adding a defendant requires meeting the requirements for joinder under Rule 20 FRCP (permissive joinder) or Rule 19 (required joinder). Removing a defendant requires voluntary dismissal under Rule 41(a) or stipulation. The amended complaint must replead all allegations against all remaining and new defendants.

Your original complaint contained pleading deficiencies that you identified before the defendant moved to dismiss — incorrect dates, missing factual allegations, improperly pleaded claims, or failure to meet the heightened pleading standard of Rule 9(b) for fraud claims (which requires particularity: who, what, when, where, and how).