Rule 15. Amended and Supplemental Pleadings

Contents

(a) AMENDMENTS BEFORE TRIAL

(1)Amending as a Matter of Course

A party may amend its pleading once as a matter of course no later than:
(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.

(2)Amending Dismissed or Stricken Pleading

If a pleading is dismissed or stricken with leave to amend, an amended pleading must be filed within 21 days unless otherwise ordered by the court.

(3)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.

(4)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.

(5)Consent

No motion to amend will be considered unless it recites that the movant sought to obtain the consent of parties affected, that such consent was denied and the identity of the party or parties who declined to consent.

(b) AMENDMENTS DURING AND AFTER TRIAL

(1)Based on an Objection at Trial

If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party's action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.

(2)For Issues Tried by Consent

When an issue not raised by the pleadings is tried by the parties’ express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move—at any time, even after judgment—to amend the pleadings to conform them to the evidence and to raise an unpleaded issue. But failure to amend does not affect the result of the trial of that issue.

(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.

(2)Notice to the United States and the District of Columbia

When the United States or a United States officer or agency is added as a defendant by amendment, the notice requirements of Rule 15(c)(1)(C)(i) and (ii) are satisfied if, during the stated period, process was delivered or mailed to the United States attorney or United States attorney's designee, to the Attorney General of the United States, or to the officer or agency. When the District of Columbia or a District of Columbia officer or agency is added as a defendant by amendment, the notice requirements of Rule 15(c)(1)(C)(i) and (ii) are satisfied if, during the stated period, process was delivered or mailed to the Attorney General for the District of Columbia or a District of Columbia officer who, or agency that, would have been a proper defendant if named.

(d) SUPPLEMENTAL PLEADINGS

On motion and reasonable notice, the court may, on just terms permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented. The court may permit supplementation even though the original pleading is defective in stating a claim or defense. The court may order that the opposing party plead to the supplemental pleading within a specified time.

Comments

COMMENT TO 2024 AMENDMENT

Subsection (a)(1) has been amended to incorporate the 2023 amendments to Federal Rule of Civil Procedure 15 to clarify that the right to amend a pleading continues without interruption until 21 days after the earlier of the events described in subsection (a)(1)(B).

COMMENT TO 2017 AMENDMENTS

This rule is substantially similar to Federal Rule of Civil Procedure 15, as amended in 2007 and 2009, but maintains the following local distinctions: 1) subsection (a)(2) addresses amendment of a dismissed or stricken pleading; 2) subsection (a)(5) requires a party to seek consent prior to filing a motion to amend; and 3) subsection (c)(2) includes notice requirements for the District of Columbia and its agencies or officers.

COMMENT

Identical to Federal Rule of Civil Procedure 15 except for additions to paragraph (a) which specify a time limit within which an amended pleading must be filed, a requirement that the movant seek to obtain the consent of affected parties and an addition to the last sentence of paragraph (c) that refers to amendments which seek to change party designations so as to bring in the District of Columbia or an official or agency thereof as a defendant. See Rule 54(c).