Rule 15.Amended and supplemental pleadings.
Last verified July 1, 2026
Full Text of Rule 15
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
A party can amend a pleading once without needing permission — within 21 days of serving it if no response is allowed, or within 21 days of a response (or a Rule 12 motion) if one is required. Beyond that window, amendment needs either the court's leave or every appearing opposing party's written consent, and courts are directed to give leave freely when justice calls for it. A motion for leave to amend must attach the proposed amended pleading, marked up to show what's being added or deleted, and if the motion is granted, the amended pleading must generally be filed within 10 days.
During or after trial, a court may allow the pleadings to be amended to match evidence a party objected to as outside the pleadings, and should do so freely unless the objecting party shows unfair prejudice; when an issue outside the pleadings is tried by the parties' consent, it's treated as if it had been pleaded all along, whether or not anyone later moves to amend.
An amendment relates back to the date of the original pleading when it grows out of the same conduct, transaction, or occurrence already described there. Relation back for a change in parties works the same way, but only if the new party received enough notice of the action, within the time allowed for service, that it won't be prejudiced in defending on the merits, and knew or should have known the suit would have targeted it but for a mistake about identity.
Separately, a court may allow a supplemental pleading describing something that happened after the original pleading was filed, even if that original pleading had its own defects, and may set a deadline for the opposing party to respond to it.
Frequently Asked Questions
Can a party amend a pleading without asking the court's permission?
Yes, once, within 21 days of serving it, or within 21 days of a required response — or, if a Rule 12(b), (e), or (f) motion is served, by the date a response to that motion is due, whichever comes first.
What must accompany a motion for leave to amend a pleading?
A copy of the proposed amended pleading showing, through bracketing, striking, or underlining, exactly what's being changed.
When does an amendment "relate back" to the date of the original pleading?
When it arises from the same conduct, transaction, or occurrence already described in the original pleading.
Can a new party be added by amendment after the statute of limitations has run?
Sometimes — if the new party had timely notice of the action and knew or should have known it would have been sued but for a mistake about identity.