15

Question 1

Amendment Hypo

Answer 1

(1) Whether 15(a) applies
- P has right to amend within 21 days after D serves first rule 12 response
- D has right to amend once within 21 days after serving his answer
-If these times are gone can ask for court permission (liberal standard)

(2) 15(b) Variance
Evidence at trial doesn’t match what was pleaded
- other party can object (not admissible) or not (that evidence comes in and act like it was pleaded)

(3) 15(c)
Amend after statute of limitations runs
- Amend to add claim
-Amend to change the defendant 15(c)(1)(c)
Only work if sued wrong D first but the right D knew about it

Relation Back
- treat amendment like it was filed when O.G. complaint was filed
If arises out of same conduct, transaction or occurrence as the O.G. complaint it relates back

Question 2

15 D Supplemental Pleadings

Answer 2

ADD something to the case, which occurred AFTER the case was filed
Ex. Breach of K O.G.
than next day the person you filed suit against punched u (battery)

not right need court permission to