10 Party Initiative and Scope of the Proceeding

The proceeding should be initiated through the claim or claims of the plaintiff, not by the court acting on its own motion.

The time of lodging the complaint with the court determines compliance with statutes of limitation, lis pendens, and other requirements of timeliness.

The scope of the proceeding is determined by the claims and defenses of the parties in the pleadings, including amendments.

A party, upon showing good cause, has a right to amend its claims or defenses upon notice to other parties, and when doing so does not unreasonably delay the proceeding or otherwise result in injustice.

The parties should have a right to voluntary termination or modification of the proceeding or any part of it, by withdrawal, admission, or settlement. A party should not be permitted unilaterally to terminate or modify the action when prejudice to another party would result.