Print Version
Previous PageFile uploaded: 11/1/2016

Rule 15. Amended and supplementalpleadings.

(a)Amendments before trial.

(a)(1) A party may amend its pleading onceas a matter of course within:

(a)(1)(A) 21 days after serving it; or

(a)(1)(B) if the pleading is one to which a responsive pleading is required, 21days after service of a responsive pleading or 21 days after service of amotion under Rule 12(b), (e), or (f), whichever is earlier.

(a)(2) In all other cases, a party may amendits pleading only with the court?s permission or the opposing party?s writtenconsent. The party must attach its proposed amended pleading to the motion to permitan amended pleading. The court should freely give permission when justicerequires.

(a)(3) Any required response to an amendedpleading must be filed within the time remaining to respond to the originalpleading or within 14 days after service of the amended pleading, whichever islater.

(b)Amendments during and after trial.

(b)(1) When an issue not raised in thepleadings is tried by the parties? express or implied consent, it must betreated in all respects as if raised in the pleadings. A party may move?at anytime, even after judgment?to amend the pleadings to conformthem to the evidence and to raise an unpleaded issue.But failure to amend does not affect the result of the trial of that issue.

(b)(2) If, at trial, a party objects thatevidence is not within the issues raised in the pleadings, the court may permitthe pleadings to be amended. The court should freely permit an amendment whendoing so will aid in presenting the merits and the objecting party fails tosatisfy the court that the evidence would prejudice that party?s action ordefense on the merits. The court may grant a continuance to enable theobjecting party to meet the evidence.

(c)Relation back of amendments. An amendment to a pleading relates back tothe date of the original pleading when:

(c)(1) the law thatprovides the applicable statute of limitations allows relation back;

(c)(2) the amendment asserts a claim ordefense that arose out of the conduct, transaction, or occurrence set out?orattempted to be set out?in the original pleading; or

(c)(3) the amendment adds a party,substitutes a party, or changes the name of the party against whom a claim isasserted, if paragraph (c)(2) is satisfied and if, within the period provided byRule 4(b) for serving the summons and complaint, the party to be brought in byamendment:

(c)(3)(A) receivedsuch notice of the action that it will not be prejudiced in defending on themerits; and

(c)(3)(B) knew orshould have known that the action would have been brought against it, but for amistake concerning the proper party?s identity.

(d)Supplemental pleadings. On motion and reasonable notice, the courtmay, on just terms, permit a party to file a supplemental pleading setting outany transaction, occurrence, or event that happened after the date of thepleading to be supplemented. The court may permit supplementation even thoughthe original pleading is defective in stating a claim or defense. The court mayorder that the opposing party respond to the supplemental pleading within aspecified time.


Advisory Committee Notes


EffectiveNovember 1, 2016