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.

Question 5

Relation back: new claim

Answer 5

Relates back to date of original pleading if amendment asserts claim/defense that arose out of the same conduct, transaction, occurrence as original pleading.

Question 6

relation back: new party:

Answer 6

1. Relates back to date of OG pleading if amendment asserts claim/defense that arose out of the same conduct, transaction or occurrence as Og pleading.
2. The new party receives notice of action within 90 days after Og compliant filed.
3. D knew or should have known about the action but for a mistake concerning proper parties ID.

Question 7

time to respond to amended pleading

Answer 7

Within 14 days after service of amended pleading or time left on OG complaint, whichever is later.