(a)
Amendments Before Trial.
(1) Amending as a Matter of Course.
A party
may amend its pleading once as a matter of
course:
(A) before being served with a responsive
pleading; or
(B) within 20 days after serving the pleading if
a responsive pleading is not allowed and the
action is not yet on the trial calendar.
(2) Other Amendments.
In all other cases, a party
may amend its pleading only with the opposing
party's written consent or the court's leave. The
court should freely give leave when justice so
requires.
(3) Time to Respond.
Unless the court orders
otherwise, any required response to an amended
pleading must be made within the time
remaining to respond to the original pleading or
within 14 days after service of the amended
pleading, whichever is later.
(b)
Amendments During and After Trial.
(1) Based on an Objection at Trial.
If, at trial, a
party objects that evidence is not within the
issues raised in the pleadings, the court may
permit the pleadings to be amended. The court
should freely permit an amendment when doing
so will aid in presenting the merits and the
objecting party fails to satisfy the court that the
evidence would prejudice that party's action or
defense on the merits. The court may grant a
continuance to enable the objecting party to meet
the evidence.
(2) For Issues Tried by Consent.
When an issue
not raised by the pleadings is tried by the
parties' express or implied consent, it must be
treated in all respects as if raised in the
pleadings. A party may move — at any time,
even after judgment — to amend the pleadings
to conform them to the evidence and to raise an
unpleaded issue. But failure to amend does not
affect the result of the trial of that issue.
(c)
Relation Back of Amendments.
(1) When an Amendment Relates Back.
An
amendment to a pleading relates back to the
date of the original pleading when:
(A) the law that provides the applicable statute
of limitations allows relation back;
(B) the amendment asserts a claim or defense
that arose out of the conduct, transaction, or
occurrence set out — or attempted to be set
out — in the original pleading; or
(C) the amendment changes the party or the
naming of the party against whom a claim is
asserted, if Rule 15(c)(1)(B) is satisfied and
if, within the period provided by Rule 4(m) for serving the summons and complaint, the
party to be brought in by amendment:
(i) received such notice of the action that it
will not be prejudiced in defending on
the merits; and
(ii) knew or should have known that the
action would have been brought against
it, but for a mistake concerning the
proper party's identity.
(2) Notice to the United States.
When the United
States or a United States officer or agency is
added as a defendant by amendment, the notice
requirements of Rule 15(c)(1)(C)(i) and (ii) are
satisfied if, during the stated period, process was
delivered or mailed to the United States attorney
or the United States attorney's designee, to the
Attorney General of the United States, or to the
officer or agency.
(d)
Supplemental Pleadings.
On motion and
reasonable notice, the court may, on just terms,
permit a party to serve a supplemental pleading
setting out any transaction, occurrence, or event that
happened after the date of the pleading to be
supplemented. The court may permit
supplementation even though the original pleading is
defective in stating a claim or defense. The court
may order that the opposing party plead to the
supplemental pleading within a specified time.