Pleadings - Amendments

Question 1

By what rules do you amend the pleadings while there is still time?

Answer 1

15(a)

15(b)

Question 2

What reasons are there to amend pleadings?

Answer 2

1. Original pleadings are inadequate
2. Discovery adds new claims
3. Evidence at trial adds new claims

Question 3

When can a motion be amended as a matter of course?

Answer 3

Once without court’s permission

1. within 21 days of serving it or
2. if one to which responsive pleading is required, 21 days after service of responsive pleading/pre-answer motion

Question 4

If not amended as matter of course, when can a motion be amended?

Answer 4

1. only by written consent of adverse party or

2. with leave of court upon motion

Question 5

What is the standard the court uses for granting a motion to amend?

Answer 5

Leave is freely given when justice so requires

Question 6

When is a response to an amended pleading due?

Answer 6

1. Within time remaining to respond to original pleading or
2. Within 14 days after service of amended pleading
   WHICHEVER IS LATER

Question 7

What does the statute of limitations do?

Answer 7

Establishes maximum time after an event in which a lawsuit can be filed

Question 8

When does a statute of limitation begin running?

Answer 8

Date of occurrence upon which claim is filed

Question 9

What are the purposes of statute of limitations?

Answer 9

1. Ensures P with valid cause pursues with reasonable diligence
2. Protects against loss of evidence
3. Gives potential D finality to no longer be concerned about possible litigations

Question 10

How must statute of limitations be included in a defense?

Answer 10

Must be brought by motion, included in affirmative defense (court cannot bring sua sponte)

Question 11

When does relation back of amendments apply?

Answer 11

Only applies when claim relates back (not if claim is untimely)

Question 12

What is the threshold for relation back?

Answer 12

Arises out of same conduct, transaction, or occurrence set out in original pleading (uses but-for test)

Question 13

When does an amendment of parties relate back (4-part test)?

Answer 13

1. Amendment concerns same conduct, transaction, or occurrence as original pleading and
2. party to be brought in by amendment has received such notice of action that she will not be prejudiced in maintaining her defenses on merits and
3. knew or should have known that, but for a mistake concerning the proper party’s identity, the action would have been brought against her and
4. original complaint must have been filed within statute of limitations