Rule 15: Amended and Supplemental Pleadings Flashcards
Before trial, during what time periods may a party amend a pleading without either the court’s permission or the opposing party’s consent? (Q)
Amendment without either the court’s permission or the opposing party’s consent is called amendment as a matter of course. Before trial, a party may amend a pleading once as a matter of course within 21 days after serving the pleading. 15a1B
However, if the pleading is one to which a responsive pleading is required, then a party may amend once as a matter of course by the earlier of the following dates:
within 21 days after service of the responsive pleading or
within 21 days after service of a motion to dismiss, a motion for a more definite statement, or a motion to strike. 15a1A
If a party is not free to amend its pleading as a matter of course, what procedures must the party follow to the party amend its pleading before trial? (Q) (GG)
A party who is not free to amend its pleading as a matter of course may amend before trial only with the opposing party’s written consent or the court’s permission, which is also called leave to amend.
15a2
What legal standard applies when a court considers whether to give a party leave to amend a pleading? (Q) (GG)
The Federal Rules of Civil Procedure provide that the court should freely give leave to amend if justice requires. Usually, leave to amend will be denied only if it will cause actual prejudice to the other party, or if the amendment is motivated by bad faith. 15a2
How long does a party normally have to respond to an amended pleading, if a response is required? (Q)
If a party is required to respond to an amended pleading, that party normally must respond:
within the time left to respond to the original pleading or
within 14 days after service of the amended pleading, whichever is later.
However, the court may order a different time for the response.
If a party presents evidence at trial that is outside the issues raised by the pleadings, may the parties amend the pleadings to match the evidence? (Q)
Yes. At trial, if a party presents evidence about matters outside the pleadings, and the opposing party objects, the court should freely allow the parties to amend the pleadings to match the evidence. The court should allow the amendment so long as the amendment will aid in presenting the merits of the case. However, the court may disallow the amendment if the evidence will prejudice the objecting party.
If an issue outside the pleadings is tried with the consent of the parties, must either party amend its pleadings to match the evidence? (Q)
No. If an issue is not raised in the pleadings but is tried with the express or implied consent of the parties, then the issue is treated the same as if it had been raised in the pleadings.
While amendment is not required in this situation, a party nonetheless may move at any time, even after final judgment, to amend the pleadings to match the evidence at trial. However, a party’s failure to amend does not affect the result of the trial.
What does it mean for an amendment to relate back to the original pleading date? (Q) (GG)
An amendment that relates back to the original pleading date is treated just as if it had been included in the original pleading. The issue of relation back can arise if a party seeks to amend its pleading after some time limit has expired, usually via the statute of limitations. 15c1
In what three situations will an amendment relate back to the date of the original pleading? (Q) (GG)
An amendment relates back to the original pleading date:
(1) If the statute of limitations allows relation back,
(2) If the amendment arises from the same transaction or occurrence as the original pleading, or
(3) Under certain conditions, if the amendment changes a party or the name of a party against whom the pleader asserts a claim. 15c1ab
If an amendment changes a defending party or the name of a defending party, what procedural conditions must be satisfied for the amendment to relate back to the date of the original pleading? (Q)
An amendment that changes a defending party or the name of a defending party will relate back if:
(1) The amendment arises out of the same transaction or occurrence as the original pleading and within the period allowed for serving the summons and complaint, the party being added
(2) The new party received sufficient notice of the action that it will not be prejudiced in defending the case and
(3) knew or should have known that the case would have been brought against it but for a mistake concerning the proper party’s identity. 15c1c
If an amendment changes a defending party or the name of a defending party, is relation back affected by the amending party’s mistake or lack of diligence in drafting the original pleading? (Q)
No. The question of relation back in this situation focuses on whether the named party had sufficient knowledge and notice to allow relation back. The amending party’s initial mistake or lack of due diligence is not a factor.
Will most courts allow an amendment to relate back if the amendment seeks to add a party instead of substituting one party for another? (Q)
Yes. A slight majority of courts holds that an amendment may relate back if it seeks to add a new party instead of substituting one party for another, provided that the party to be added had adequate notice of the suit. On the other hand, some courts allow relation back only if the amendment seeks either to change a party’s name or to replace one party with another.
The plaintiff sued the defendant in federal court, alleging that the defendant violated a federal anti-discrimination statute by firing the plaintiff because of the plaintiff’s religion. One year after filing suit, and before trial, the plaintiff sought to amend the complaint to add a claim for intentional infliction of emotional distress. This claim was also based on the plaintiff’s firing. The statute of limitations for this claim expired six months after the plaintiff filed the complaint.
Does the statute of limitations bar the proposed amendment? (Q)
No. The statute of limitations does not bar the amendment, because the amendment will relate back to the date on which the original complaint was filed. An amendment to a pleading relates back to the date of the original pleading if the amendment adds a claim that arises from the same conduct, transaction, or occurrence as the original pleading.
Here, the plaintiff’s claim for emotional distress is based on the same conduct that underlies the original complaint, namely, the defendant’s firing of the plaintiff. The plaintiff’s amendment will therefore relate back to the date on which the plaintiff filed the original complaint. On that date, the statute of limitations for intentional infliction of emotional distress had not yet expired. Thus, the statute of limitations will not bar the plaintiff’s amendment.
What is a supplemental pleading? (Q)
A supplemental pleading is a pleading that raises occurrences or events that take place after the party has filed its original pleading. This focus on later events is what distinguishes a supplemental pleading from an amendment, which is typically used to make changes in the claims, defenses, or parties that arise from the facts contained in the original pleading.
A party who seeks to file a supplemental pleading must bring a motion asking the court for permission.
A plaintiff sued a newspaper in a federal diversity case, alleging defamation. The claim was based on a newspaper article that described the plaintiff as a convicted felon. One year after the plaintiff filed the complaint, while the case was still pending, the newspaper published a second article containing the same defamatory statement. Under applicable law, each publication was treated as a separate incident of defamation, which conferred a separate claim for damages. (Q)
If the plaintiff wants to make the second publication part of the existing case, should the plaintiff seek to amend the complaint?
No. The plaintiff should instead seek to file a supplemental pleading. The court may allow a party to file a supplemental pleading to raise events that occur after the party has filed its original pleading. Amendments, by contrast, are typically used to make changes in the claims, defenses, or parties that arise from the facts contained in the original pleading.
Here, the defendant’s second publication occurred one year after the plaintiff filed the original complaint. Under the applicable law, this was not a continuation of the first publication, but a legally separate event. Supplemental pleadings are specifically designed to raise events that occur after the original pleading. Thus, a supplemental pleading is the appropriate way for the plaintiff to raise the second publication in the pending case.
What is a leave to amend? (GG)
If the party wishes to amend its complaint after the specified time it is allowed, it must ask to amend with the court’s permission
15a2
