Can I file a motion to transfer venue and leave to amend complaint at the same time... anyone know?

I’m in a bit of a bind here. I need to file both a motion to transfer venue and a motion for leave to amend my complaint in Federal Court in Hawaii. The thing is, there’s new evidence with new defendants involved, and I’m not sure if I can file both motions at the same time. The other party already filed a motion to transfer, but they denied my request to change the venue, even though they had originally agreed to help complete the necessary documents. Can I file both motions together, or do I need to wait on one?

Yeah, you can file both at the same time. Under federal rules, you can ask for leave to amend, and you can also request a change of venue if you argue the right legal grounds. Just be prepared for some pushback from the other side since they already denied it once.

@Darin
Got it, thanks! So I can just submit both motions in one go and attach the amended complaint with the motion for leave?

Flynn said:
@Darin
Got it, thanks! So I can just submit both motions in one go and attach the amended complaint with the motion for leave?

Yep, exactly. The amended complaint needs to be attached to the motion for leave to amend. Good luck with it!

You’re good to go with filing both motions, but just make sure you explain the new evidence clearly to support your request for a venue change. Otherwise, they might deny it again. If you haven’t yet, try to explain why the new defendants should be in the new venue.

@Clove
Oh, that’s a solid point! I’ll make sure to emphasize that. Thanks for the tip!

Isn’t it a bit risky to file both motions at once though? I thought you needed to wait for the court’s approval before submitting the amended complaint?

Austin said:
Isn’t it a bit risky to file both motions at once though? I thought you needed to wait for the court’s approval before submitting the amended complaint?

I thought so too, but the expert said it’s okay as long as you attach the amended complaint to the motion for leave. Seems like it’s fine in this case!

Austin said:
Isn’t it a bit risky to file both motions at once though? I thought you needed to wait for the court’s approval before submitting the amended complaint?

Yeah, it’s pretty standard practice in federal court. Just make sure you attach everything properly so the court has all the info when deciding both motions.

I’ve had to file similar motions before. Just make sure you have all the grounds clearly stated, especially for the venue change. They’re gonna want to see strong reasoning.

Blake said:
I’ve had to file similar motions before. Just make sure you have all the grounds clearly stated, especially for the venue change. They’re gonna want to see strong reasoning.

Thanks for the heads up! I’ll make sure to lay out everything clearly.

If the police were involved in the new evidence, can you still file the motions? Seems like it could complicate things a bit.

Val said:
If the police were involved in the new evidence, can you still file the motions? Seems like it could complicate things a bit.

Yeah, there’s new evidence about the police involvement. The expert said that you can file both motions, but I guess it’ll depend on how solid the evidence is for the venue change.

Val said:
If the police were involved in the new evidence, can you still file the motions? Seems like it could complicate things a bit.

It might make things trickier, but as long as you make the case for it, the court will decide. Just focus on explaining why this new evidence changes things.