Rule 15 — Amended and Supplemental Pleadings

Fed. R. Civ. P. 15

• Source: Federal Rules of Civil Procedure
• Rule: 15
• TITLE III: PLEADINGS AND MOTIONS
• Citation: Fed. R. Civ. P. 15

Text

(a) AMENDMENTSBEFORETRIAL.
(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) 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 jus-
tice so requires.
(3) Time to Respond. Unless the court orders otherwise, any
required response to an amended pleading must be made with-
in the time remaining to respond to the original pleading or
within 14 days after service of the amended pleading, which-
ever is later.
(b) AMENDMENTSDURINGANDAFTERTRIAL.
(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 ac-
tion or defense on the merits. The court may grant a continu-
ance 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 con-
sent, it must be treated in all respects as if raised in the plead-
ings. 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 af-
fect the result of the trial of that issue.
(c) RELATIONBACKOFAMENDMENTS.
(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 limi-
tations 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. 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 deliv-
ered or mailed to the United States attorney or the United
States attorney’s designee, to the Attorney General of the
United States, or to the officer or agency.
(d) SUPPLEMENTAL PLEADINGS. On motion and reasonable notice,
the court may, on just terms, permit a party to serve a supple-
mental 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.

Advisory Committee Notes

(As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Pub. L. 102–198, §11(a), Dec. 9, 1991, 105 Stat. 1626; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 24, 2023, eff. Dec. 1, 2023.)