Amendments to a Pleading (Rule 15)

Rule 15: 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.
    • Otherwise
      • 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)…
View most interesting 'lawschool' photos on Flickriver

Related Notes

Related Commentary