Amendments

Question 1

Amendments to Pleading

A. Amendments Before Trial

Answer 1

1. Amending as a Matter of Course.

Party may amend pleading as matter of course within

A. 21 days of serving it, OR

B. If pleading is one that requires a resonisve pleading

21 days after service of a responsive pleading OR

21 days after service of motion under Rule 12(b),(e), or(f)[whichever is earlier.]

2. Other Amendments.
   All other cases →Party may amend pleading only with opposing party;s written consent or court’s leave. Court should give leave → when justice so requires.

[Denied for reasons like: unreasonable delta, bad-faith, futility… ]

After 21 day window→ only w/ parties consent/”court’s leave”

Question 2

Amendments to Pleading:

Amendments **During **and After Trial

Answer 2

1. Based on Objection at Trial

At trial, party objects that evidence is not within issues raised in pleadings –> court may permit amendment.
-** Judge’s discretion** to allow amendment at trial based on party’s objection that the evidence is outside a pleading.
- “Freely permitted” so long as it goes to the merits and no prejudice to other party.

2. For Issues Tried by Consent
   - When issue [not raised by pleadings] is tried by parties’ express/implied consent –> issue must be treated as if raised in pleadings
   - Party’s failure to object to evidence being outside the pleadings, may result in implied consent[to treat it as it were part of pleadiings].

Question 3

Amendments to Pleading:

Relation Back to Amendments

Answer 3

An amendment to Pleading relates back to the date of the original pleading when:
- A. the law providing applicable statute of limitations allows relation back
- B. Amendment asserts claim/defense that arose out of conduct/transaction/occurence/attempted to be set out – in original pleading; or
- C. Amendment changes the party/naming of the party against whom a claim is asserted.
- [Concerns issues w/ Statute of Limitations – rule give processes for when the court will allow for a claim to be included after SoL]

Question 4

Amendments to Pleading:

Supplemental Pleadings

Answer 4

On motion + reasonable notice –> on just terms court may permit party to serve a supplemental pleading–> setting out any transaction/occurence/event that happened after date of pleading to be supplemented.
- Court may permit supplementation even if original pleading is defective in stating a claim/defense.
- [This rule concerns amendments to add claims/defenses/facts, that occured after the filing date of the original pleading.]

Question 5

“Relate Back” meaning

Answer 5

• Court treats new amendment as if is were filed at the same time as complaint.
• Usually occurs after the SoL has expired.

Question 6

Statute of Limitations

Answer 6

• Sets time complainant can bring a claim
• Each state and some fed laws set forth the time from when the underlying transaction accrues where the plaintiff has to file a claim

Question 7

Amendments:
Adding a Claim [single question test]

Answer 7

Test: Arises from same conduct/transaction/occurrence as original pleading

Question 8

Amendments:
Adding a party [Three Part Test -Stricter requirements]

Answer 8

1. [Adding a Claim 1q test] Amendment arised out of conduct/transaction/occurence set forth in original complaint
2. Within 90 days with good cause [FRCP 4(m)service of complaint]
   - Newly named party must have recieved notice within that period [actual or constructive]
   - AND
   - No prejudice to newly named party.
3. Added party must have known/should’ve known w/in Rule 4(m) time period, that “but for a mistake” the action would have been brough against him.