Rule 2.118.Amended and Supplemental Pleadings

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.118 lets a party amend a pleading once without permission within 14 days of specific triggers, requires the court's leave or the other side's consent after that, and sets the rules for amendments that conform to trial evidence, relate back to the original filing date, and supplemental pleadings about events that happened later.

Full Text of Rule 2.118

Text sizeJump to: (A) (B) (C) (D) (E)

(A) Amendments.

(1) A party may amend a pleading once as a matter of course within 14 days after being served with a responsive pleading by an adverse party, or within 14 days after serving the pleading if it does not require a responsive pleading.

(2) Except as provided in subrule (A)(1), a party may amend a pleading only by leave of the court or by written consent of the adverse party. Leave shall be freely given when justice so requires.

(3) On a finding that inexcusable delay in requesting an amendment has caused or will cause the adverse party additional expense that would have been unnecessary had the request for amendment been filed earlier, the court may condition the order allowing amendment on the offending party's reimbursing the adverse party for the additional expense, including reasonable attorney fees.

(4) Amendments must be filed in writing, dated, and numbered consecutively, and must comply with MCR 2.113. Unless otherwise indicated, an amended pleading supersedes the former pleading.

(B) Response to Amendments. Within the time prescribed by MCR 2.108, a party served with an amendment to a pleading requiring a response under MCR 2.110(B) must

(1) serve and file a pleading in response to the amended pleading, or

(2) serve and file a notice that the party's pleading filed in response to the opposing party's earlier pleading will stand as the response to the amended pleading.

(1) When issues not raised by the pleadings are tried by express or implied consent of the parties, they are treated as if they had been raised by the pleadings. In that case, amendment of the pleadings to conform to the evidence and to raise those issues may be made on motion of a party at any time, even after judgment.

(2) If evidence is objected to at trial on the ground that it is not within the issues raised by the pleadings, amendment to conform to that proof shall not be allowed unless the party seeking to amend satisfies the court that the amendment and the admission of the evidence would not prejudice the objecting party in maintaining his or her action or defense on the merits. The court may grant an adjournment to enable the objecting party to meet the evidence.

(D) Relation Back of Amendments. An amendment that adds a claim or a defense relates back to the date of the original pleading if the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth, or attempted to be set forth, in the original pleading. In a medical malpractice action, an amendment of an affidavit of merit or affidavit of meritorious defense relates back to the date of the original filing of the affidavit.

(E) Supplemental Pleadings. On motion of a party the court may, on reasonable notice and on just terms, permit the party to serve a supplemental pleading to state transactions or events that have happened since the date of the pleading sought to be supplemented, whether or not the original pleading is defective in its statement of a claim for relief or a defense. The court may order the adverse party to plead, specifying the time allowed for pleading.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Every party gets one free amendment: within 14 days of being served a responsive pleading, or within 14 days of serving a pleading that doesn't call for a response. After that one-time window closes, amending requires either the court's leave or the opposing party's written consent, and courts are supposed to give leave freely when justice calls for it. If a party's foot-dragging forces the other side into expenses that timely notice would have avoided, the court can make amendment conditional on reimbursing those costs, including attorney fees. Amendments must be dated, numbered, and filed in the proper form, and an amended pleading takes the place of the one it replaces; the opposing party then has to respond to it or file notice that its earlier response will stand.

Rule 2.118 also handles two related situations. If an issue outside the pleadings gets tried anyway because both sides go along with it, the pleadings are treated as if that issue had been raised all along, and a motion to amend to reflect it can come at any time, even after judgment; if one side objects to the evidence as outside the pleadings, amendment is barred unless the party seeking it satisfies the court that admitting the evidence would not prejudice that side's case. And when an amendment adds a new claim or defense, it relates back to the date of the original pleading — for statute-of-limitations purposes, among others — so long as it grows out of the same underlying conduct, transaction, or occurrence already described; a medical malpractice affidavit of merit gets the same relation-back treatment when it is amended.

A supplemental pleading is a different tool: it lets a party tell the court about events that happened after the original pleading was filed, on motion, with reasonable notice and on terms the court sets, whether or not the original pleading was itself defective.

Frequently Asked Questions

How long do I have to amend my complaint without the court's permission?

14 days after being served a responsive pleading, or 14 days after serving your own pleading if no response is required — and this free amendment can only be used once per pleading.

What happens after I've used my one free amendment?

Any further amendment needs either the court's leave or the opposing party's written consent; courts are directed to give leave freely when justice requires it.

Does an amended pleading count as filed on the original date for statute-of-limitations purposes?

Yes, if the new claim or defense arises from the same conduct, transaction, or occurrence already described in the original pleading, the amendment relates back to that original filing date.

What is a supplemental pleading, and how is it different from an amendment?

A supplemental pleading adds events that happened after the original pleading was filed, rather than correcting or expanding on what was already alleged, and it requires a motion, notice, and the court's permission.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.118). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: amending a complaint Michiganleave to amend pleading Michiganrelation back amendment Michigansupplemental pleading Michigan