Can a party amend or amend a defective allegation of jurisdiction in a civil case?
MultiRegion, United States of America
The following excerpt is from NewGen, LLC v. Safe Cig, LLC, 840 F.3d 606 (9th Cir. 2016):
Defective jurisdictional allegations are not fatal, however. A judgment is only void where there is a total want of jurisdiction as opposed to an error in the exercise of jurisdiction. Watts v. Pinckney , 752 F.2d 406, 409 (9th Cir. 1985) (internal quotation marks omitted). Courts may permit parties to amend defective allegations of jurisdiction at any stage in the proceedings. The operative statute, 28 U.S.C. 1653, provides that [d]efective
[840 F.3d 613]
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