Filing Amended Complaint Guidelines

Summary

If the judge did not explicitly state that the First Amended Complaint (FAC) must be sealed, you may file it publicly. If the judge later grants your Motion to Seal, it can typically be sealed retroactively. Failing to file under seal, if expected, might create legal risks, but since the order is not explicit, you might be safe. Consider consulting a local attorney for more specialized advice.

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Subject: Do I Need to File My First Amended Complaint Under Seal? I am a pro se plaintiff in a medical malpractice case in Maricopa County Superior Court, Arizona. The judge previously ordered my original complaint to be sealed, but the Order of Amendment does not explicitly state that my First Amended Complaint (FAC) must also be sealed. I attempted to file the FAC under seal, but the Clerk’s Office informed me that I cannot do so until the judge rules on my pending Motion to Seal. Given that my March 21st deadline to file the FAC is approaching, I want to ensure I submit it correctly and on time. My Question: • Since the judge did not explicitly state that the FAC must be sealed, am I required to file it under seal, or can I file it publicly? • If I file it publicly and the judge later grants my Motion to Seal, can it be sealed retroactively? • Would failing to file under seal (if it was expected) create any legal risks? I appreciate any guidance on how to proceed. Thank you!
Hi ****, it sounds like you're in a bit of a tricky situation. Here are some general guidelines to help you:
- If the judge did not explicitly state the FAC must be sealed, you may file it publicly.
- If the judge grants your Motion to Seal later, it can typically be sealed retroactively.
- Failing to file under seal (if expected) might create legal risks, but since the order is not explicit, you might be safe.
Would you like assistance connecting with a local lawyer for more specialized advice?