Miami Criminal Lawyer Home
U.S. Code | Table of Contents
Federal Rules of Civil Procedure | Table of Contents
 

Rule 15. Amended and Supplemental Pleadings

(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.

 

Notes

 

Links

Federal Rules of Civil Procedure
I. SCOPE OF RULES--ONE FORM OF ACTION
1. Scope of Rules
2. One Form of Action
II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
3. Commencing an Action
4. Summons
4.1. Serving Other Process
5. Serving and Filing Pleadings and Other Papers
5.1. Constitutional Challenge to a Statute - Notice, Certification, and Intervention
5.2. Privacy Protection For Filings Made with the Court
6. Computing and Extending Time; Time for Motion Papers
III. PLEADINGS AND MOTIONS
7. Pleadings Allowed; Form of Motions and Other Papers
7.1. Disclosure Statement
8. General Rules of Pleading
9. Pleading Special Matters
10. Form of Pleadings
11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
13. Counterclaim and Crossclaim
14. Third-Party Practice
15. Amended and Supplemental Pleadings
16. Pretrial Conferences; Scheduling; Management
IV. PARTIES
17. Plaintiff and Defendant; Capacity; Public Officers
18. Joinder of Claims
19. Required Joinder of Parties
20. Permissive Joinder of Parties
21. Misjoinder and Nonjoinder of Parties
22. Interpleader
23. Class Actions
23.1. Derivative Actions
23.2. Actions Relating to Unincorporated Associations
24. Intervention
25. Substitution of Parties
V. DEPOSITIONS AND DISCOVERY
26. Duty to Disclose; General Provisions Governing Discovery
27. Depositions to Perpetuate Testimony
28. Persons Before Whom Depositions May Be Taken
29. Stipulations Regarding Discovery Procedure
30. Deposition by Oral Examination
31. Depositions by Written Questions
32. Using Depositions in Court Proceedings
33. Interrogatories to Parties
34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
35. Physical and Mental Examinations
36. Requests for Admission
37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
VI. TRIALS
38. Right to a Jury Trial; Demand
39. Trial by Jury or by the Court
40. Scheduling Cases for Trial
41. Dismissal of Actions
42. Consolidation; Separate Trials
43. Taking Testimony
44. Proving an Official Record
44.1. Determining Foreign Law
45. Subpoena
46. Objecting to a Ruling or Order
47. Selection of Jurors
48. Number of Jurors: Verdict
49. Special Verdict; General Verdict and Questions
50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
51. Instructions to the Jury; Objections; Preserving a Claim of Error
52. Findings and Conclusions by the Court; Judgment on Partial Findings
53. Masters
VII. JUDGMENT
54. Judgments; Costs
55. Default; Default Judgment
56. Summary Judgment
57. Declaratory Judgments
58. Entry of Judgment
59. New Trial; Altering or Amending a Judgment
60. Relief from Judgment or Order
61. Harmless Error
62. Stay of Proceedings to Enforce a Judgment
63. Judges Inability to Proceed
VIII. PROVISIONAL AND FINAL REMEDIES
64. Seizing a Person or Property
65. Injunctions and Restraining Orders
65.1 Proceedings Against a Surety
66. Receivers
67. Deposit into Court
68. Offer of Judgment
69. Execution
70. Enforcing a Judgment for a Specific Act
71. Enforcing Relief For or Against a Nonparty
IX. SPECIAL PROCEEDINGS
71.1 Condemning Real or Personal Property
72. Magistrate Judges: Pretrial Orders
73. Magistrate Judges: Trial by Consent; Appeal
74. [Abrogated]
75. [Abrogated]
76. [Abrogated]
X. DISTRICT COURTS AND CLERKS
77. Conducting Business; Clerks Authority; Notice of an Order or Judgment
78. Hearing Motions; Submission on Briefs
79. Records Kept by the Clerk
80. Stenographic Transcript as Evidence
XI. GENERAL PROVISIONS
81. Applicability of the Rules in General; Removed Actions
82. Jurisdiction and Venue Unaffected
83. Rules by District Courts; Judge's Directives
84. Forms
85. Title
86. Effective Date
XII. APPENDIX OF FORMS (U.S. Courts site)
XIII. SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS
A. Scope of Rules
B. In Personam Actions: Attachment and Garnishment
C. Actions in Rem: Special Provisions
D. Possessory, Petitory, and Partition Actions
E. Actions in Rem and Quasi in Rem: General Provisions
F. Limitation of Liability
G. Forfeiture Actions In Rem
 
US Code
Federal Rules of Civil Procedure
Federal Rules of Appellate Procedure
Federal Rules of Criminal Procedure
Federal Rules of Evidence
Federal Sentencing Guidelines Manual
 
Miami Criminal Lawyer
Fort Lauderdale Criminal Lawyer
Palm Beach Criminal Lawyer
Naples Criminal Lawyer
Fort Myers Criminal Lawyer
Criminal Lawyer in Orlando
Tampa Criminal Lawyer
Criminal Lawyer in Jacksonville
Miami Fraud Lawyer
Miami Drug Lawyer
Miami Expunging Records Lawyer
Miami Sex Crime Lawyer
Miami Domestic Violence Lawyer
Miami IRS Violations Lawyer