Amendment to the Pleadings

Authorities: Fed. R. Civ. P. 15

  • Governed by Rule 15.

  • Discovery can change the material facts, and, thus, the allegations that the parties want to plead.

    • The complaint, answer, reply, and their amendments are the running list of what facts and allegations are in dispute.

    • Rule 15 can be confusing because 15(a) and 15(c) are treated/written together.

The Questions Here:

  1. Do you allow the amendment?

  2. Is the amendment permissible?

Do You Allow the Amendment?
Amending as a Matter of Course

  • Allows amendments during the early periods of pre-answer and pre-reply—within the original timeline. This is meant to fix small mistakes.

Amending with Leave of Opposing Counsel

  • Opposing counsel allows for amendmnt of the pleading.

  • This happens largely because the amended complaint would be better for the opposing counsel/easier to litigate.

  • Can also grant leave to curry favor with the court as a matter of trial strategy.

Amending with Leave of Court

  • FRCP 15(a)(2) allows for this "when justice so required."

    • See Beeck v. Aquaslide 'N' Dive Corp.

    • Amendments inherently disadvantage the other side; however, when justice so requires, the courts are obligated to give leave to amend.

    • Aquaslide actually belived it was their slide that injured Beeck until after the Statute of Limitations had lapsed.

      • If the amendment was denied, then Aquaslide would actually be stuck with a pleading that they no longer believed.

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