3. Amendments (Rule 15)

What triggers Amendments?

A party wants to change its pleading

What are the primary issues with Amendments?

1. When: When does the amendment come?

2. SOL: Has the Statute of Limitations elapsed?

Amendments: Overarching Rule

Courts freely grant leave to amend "when justice so requires" UNLESS

(1) bad faith by movant (trying to sneak something in), or

(2) undue prejudice to non-movant (substantial harm).

What are the Methods a party can amend? (Rule 15)

MLC:

1. Matter of Course

2. Leave of Court

3. Consent

Matter of Course: Timing + Standard

21 days after serving pleading. Resets back to 21 days after D’s response pleading or Rule 12 motion (whichever is earlier). No court approval needed.

With Consent: Timing + Standard

Any time.

Written consent from opposing party.

Leave of Court: Timing + Standard

Anytime.

Courts freely grant leave to amend "when justice so requires." UNLESS

(1) bad faith by movant (trying to sneak something in), or (2) undue prejudice to non-movant (substantial harm).

Who must prove (1) bad faith by movant (trying to sneak something in), or (2) undue prejudice to non-movant (substantial harm) to stop the amendment from happening?

The opposing party

The statute of limitations has run for the claim the party wants to add. What can the party do?

New claim arises out of the same conduct, transaction, or occurrence as the original complaint.

How long does the opposing party have to respond to the amended pleading?

14 days after being served

A party wants to save their amendment from an SOL bar. How do we figure out if the Amendment relates to the original complaint to save it from an SOL bar?

New claim arises out of the same conduct, transaction, or occurrence as the original complaint.

Moore v. Baker

Original complaint: Focused on D's actions before the surgery.

Amendment: Focused on D's actions during and after the surgery.

Holding: not same transaction or occurrence —> can’t amend

A party wants to save their amendment from an SOL bar. What’s the key test the court considers?

Did the original complaint give Defendant notice of the new claim’s factual basis?

A party wants to amend their complaint to change a party. What are the requirements to do this?

1) Same transaction/occurrence

(2) new party received notice within 90 days of filing

(3) new party knew/should have known the action would have been brought against them but for a mistake

What findings support a Relation Back Amendment? (Rule 15)?

1. Larger to narrower claim

2. Surprise: Amendment doesn’t surprise D

1. Discovery: Ability to conduct additional discovery

Does Rule 11 (Ethical Standards) apply to all pleadings? If yes, what does it require?

Yes.

Lawyer must 1) sign every paper 2) certify and investigate validity.

What are Rule 11 sanctions for?

To deter unethical conduct