Monday, September 22, 2008

Amended Pleading Supersedes Original

As a general matter, once amended a pleading overrides and replaces the former pleading. The original pleading is no longer in effect and is not part of the pleader's averments. Under the FRCP, the original complaint is superseded by a later filed complaint. Once the amended complaint was accepted by the court of law there was no longer any claim on which the federal district court could exercise supplemental jurisdiction.

When faced with a similar issue, the United States Supreme Court held that when a party files a complaint in federal district court and then amends the complaint, courts look to the amended complaint to determine whether the court has competent jurisdiction. The Court should look to the party’s amended complaint to determine if statutory jurisdictional prerequisites have been met. In that case the United States Supreme Court concluded that the withdrawal of allegations in a complaint which had formed the basis of federal jurisdiction defeated subject matter jurisdiction.