Amendments to Pleadings

Question 1

Pleadings may be amended once at any time as of right within:

Answer 1

21 days of service of the pleading or within 21 days of the D’s response, if there is one.

Question 2

Pleadings may also be amended by leave of court:

Answer 2

After the party has amended once, leave to amend must be sought from the court and should be freely granted.

Question 3

Doctrine of relation back questions red flags:

Answer 3

1. Look for limitations period, the date of the original pleading and the date of the amendment.
2. When you see the original pleading was timely but the amendment was not, then you know you are being asked about the doctrine of relation back.

Question 4

Rules to remember for the doctrine of relation back:

Answer 4

1. an amendment relates back to the date of original filing IF it concerns the same conduct, transaction, or occurrence as the original pleading.
2. Notice is key concept, it cannot have the effect of surprising the other party.