Requirements under FRCP 15

(a) Amendments Before Trial

  • This is a supplemental pleading

(b) Amendments During Trial

  • This is a supplemental pleading

(c) Relation Back of Amendments

  • 15(c) amendments are treated as if the filing occurred at the original filing of the pleadings.

  • FRCP 15(c) allows for 3 situations in which it can be used:

    • The Law would allegedly be violated, for SoL purposes, thus allows for relation back;

    • The amendment asserts a claim/defense that arose out of the conduct, transaction, or occurrence set out—of attempted to be set out—in the original pleading

    • The amendment changes the party/parties name who knew or should have know that they were being sued.