: Amendments to a Pleading
- "leave [to amend] may be freely given when justice so requires" (Yeazell, p. 398)
- a. That the would-be amender should have a good reason for not getting the pleading right the firs time; AND
- b. Allowing the change now shouldn't hurt ("prejudice") the other side too much.
- 1. Rule 15(a) May amend any time before a response of pleading is served
- Or within 20 days if no response permitted.
- only by leave of court (leave given when justice so requires)
- or with written consent of adverse party.
- 2. Rule 15(c) Relation Back of Amendments
- Relation back permitted by law providing statute of limitations OR
- Claim or defense asserted in amended pleading arose out of conduct, occurrence set forth or attempted in original pleading, OR
- The amendment changes the party or the naming of the party against whom a claim is asserted if the foregoing provision is satisfied and, within the period provided by Rule 4(m)…