Rule 15

Question 1

Rule 15

Answer 1

Amended and Supplemental Pleadings

Question 2

Rule 15 (a)(1)(A)(B)

Answer 2

(a) Amendments Before Trial.

(1) Amending as a Matter of Course.
A party may amend its pleading ONCE as a MATTER OF COURSE:

(A) 21 days after serving it, or

(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

Question 3

Rule 15 (a)(2)

Answer 3

(2) Other Amendments.

In all other cases, a party may amend its pleading only with the opposing party’s written consent OR the court’s leave.

The court should freely give leave when justice so requires.

Question 4

Rule 15 (a)(3)

Answer 4

(3) Time to Respond.

Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.

Question 5

Rule 15 (c)(1)(A)(B)(C)(i)(ii)

Answer 5

(c) Relation Back of Amendments.

(1) When an Amendment Relates Back. An amendment to a pleading relates back to the date of the original pleading when:

(A) the law that provides the applicable statute of limitations allows relation back;

(B) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out—or attempted to be set out—in the original pleading; or

(C) the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in by amendment:

(i) received such notice of the action that it will not be prejudiced in defending on the merits; and

(ii) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party’s identity.