Civil Procedure: Amended Pleadings

Flashcards covering the procedural rules, standards, and doctrines governing amended and supplemental pleadings under Federal and Alaska Rule 15.

Two common reasons a party may seek to amend a pleading are inadvertent omission or mistake and __________.

new information

Under Federal Rule 15(a)(1), a party may amend its pleading once as a matter of course within __________ days of serving the pleading.

21

Under Federal Rule 15(a)(1), an amendment as a matter of course must be made within 21 days after service of a responsive pleading or a motion to dismiss under Rule 12(b), (e), or (f), whichever is __________.

earliest

Under Alaska Rule 15(a)(1), parties may amend a pleading once as a matter of course within __________ days of serving the pleadings.

20

Under Rule 15(a)(2), all amendments not made as a matter of course require either written consent of the other party or __________ from the court.

leave

Under Rule 15(a)(2), leave to amend should be freely given when __________ so requires.

justice

A court should grant leave to amend under Rule 15(a)(2) unless it finds bad faith, undue delay, failure to cure deficiencies, prejudice to the opposing party, or that the amendment would be __________.

futile

Under Rule 15(b), a party during and after trial may only amend if the amendment is based on an objection at trial or if the issue is being tried by express or implied __________.

consent

When evidence is objected to at trial as outside the scope of the pleadings, the judge should grant leave to amend if it aids the party in presenting their case and will not __________ the opposing party.

prejudice

Under Rule 15(c), the doctrine that allows parties to add claims or parties after the statute of limitations has run is known as __________.

relation back

Under Rule 15(c)(1), relation back for a new claim requires that the claim arose out of the conduct, transaction, or __________ set out in the original pleading.

occurrence

Under Rule 15(c)(1), changing a party relates back only if the substituted party received enough notice to avoid prejudice and knew or should have known the action would have been brought against it but for a __________ concerning identity.

mistake

Under Rule 15(d), pleadings used to add claims or defenses addressing facts that have arisen after the date the original complaint was filed are called __________ pleadings.

supplemental

Under Rule 15(d), supplemental pleadings should be allowed on __________.

just terms