Crucial Exams

Multistate Bar Examination Practice Question

Thirty days after a defendant properly files and serves a motion to dismiss for failure to state a claim, the plaintiff discovers additional facts that would cure the deficiencies in the original complaint. According to the Federal Rules of Civil Procedure, what is the plaintiff's proper course of action to incorporate these new facts into their case?

  • Begin the discovery process to gather more evidence supporting the new facts.

  • Initiate a separate lawsuit with the additional factual information.

  • Pursue a summary judgment based on the newly identified information.

  • Request permission from the court to amend the initial pleading to incorporate the new facts.

Multistate Bar Examination
Civil Procedure
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