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When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.
Leave to amend is refused when there has been excessive delay by the parties in filing the suit. Application of Amendment is refused when it changes the nature of the disputes. The court will not grant application of amendment of pleadings if it is made with mala fide intention.
Amend- ed pleadings allow the party to add claims, parties, or defenses based on facts that occurred before the original pleading was filed. Supplemental pleadings allow the party to add claims or defenses based on facts that occurred after the original plead- ing was filed.
It is clear from the amended Rule 17 of Order VI of the C.P.C., that no application for amendment is to be allowed after the trial has commenced, unless Court comes to the conclusion that inspite of due diligence, parties could not raise the matter before commencement of the trial.
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.
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The defendant shall have thirty (30) days from the date of first publication in which to appear and defend.
(a) Amendments without leave. A party may amend his pleading once without leave of court within twenty days after its service, or at any time before the period for responding to it expires, or within twenty days after service of a pleading responding to it.
Overview of Responding to a State Complaint. 1. When must a defendant respond to the complaint? In Mississippi, a defendant must answer or otherwise respond within 30 days of being served with a summons and complaint (Miss.
A party can amend its pleading once as a matter of right (without leave of court) during certain time periods after filing the pleading, including: Before the defendant files an answer, demurrer, or motion to strike a complaint or cross-complaint. Before the plaintiff files a demurrer or motion to strike an answer.
Order 6, Rule 17 makes provision for the amendment of pleadings which provides that the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of determining

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