Can a plaintiff's motion for leave to amend the original complaint be granted by a circuit court judge without scheduling a hearing?
Question Details: I filed a motion for leave to amend my original complaint. I sent the motion, the amended complaint, and an order for the judge to sign, which she did. So my amended complaint has been filed. The opposing side filed a 'motion for reconsideration' stating that it was unlawful for the judge to sign in and that a hearing is required by law. I am a pro se, out of state plaintiff. This case involves a negligent real estate appraisal.
The opposing side is correct. A motion requires giving the other chance an opportunity to oppose or challenge the motion--at a minimum in writing, but also at a hearing, if either side asks for it. It is illegal for a judge to grant an order like that on an "ex parte" basis, or with only hearing from one sidem, not the other.