new-york-state civil-procedure
When amending a complaint to include an additional party, is the new party&#39;s name included in the title page?
<p>To clarify - should the new party's name be added directly on the cover/title page, or is it left as it is but moves to add the new party in the content of the amendment?</p>

<p>This is in NY state, civil court. This would be an amendment by right. </p>

<p>And a couple of additional questions: 1. While there is a motion to dismiss pending, does there need to be a separate response to the motion or would the amendment itself suffice? 2. Can the amendment be made without having served the additional defendant? and if not, since service may take much longer, how should the court be notified so that the right to amend as a matter of course is not relinquished?</p>

<blockquote>
  <p>Should the new party's name be added directly on the cover/title page,
  or is it left as it is but moves to add the new party in the content
  of the amendment?</p>
</blockquote>

<p>Ordinarily a motion to amend could carry the old caption and the amended complaint with the new caption would be attached. IIRC, you file a motion to amend, or at least some sort of cover pleading even when you amend by right.</p>

<blockquote>
  <ol>
  <li>While there is a motion to dismiss pending, does there need to be a separate response to the motion or would the amendment itself suffice?</li>
  </ol>
</blockquote>

<p>It is never wise to fail to respond to a motion to dismiss. At a minimum, one ought to respond with a pleading that says that the motion is moot because the amended complaint addresses the issue, but not all issues raised in a motion to dismiss (e.g. lack of standing or lack of jurisdiction or bad service or bad venue), can be addressed with an amended complaint, so it may be necessary to address the merits. </p>

<blockquote>
  <ol start="2">
  <li>Can the amendment be made without having served the additional defendant? and if not, since service may take much longer, how should
  the court be notified so that the right to amend as a matter of course
  is not relinquished?</li>
  </ol>
</blockquote>

<p>The amendment happens first and service of process happens second.</p>
