Rule 15.Amended and supplemental pleadings

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 15 lets a party amend a pleading once as a matter of course within a set window, otherwise only with consent or court leave (freely given when justice requires), addresses amendments during and after trial, defines when an amendment relates back to the original filing date, and allows supplemental pleadings covering later events.

Full Text of Rule 15

Text sizeJump to: (a) (b) (c) (d)

(a) Amendments before trial.

(1) Amending as a matter of course. A party may amend its pleading once as a matter of course within:

(A) 21 days after serving it, or

(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e) or (f), whichever is earlier.

(2) Other amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.

(3) Time to respond. Unless the court orders otherwise, any required response to an amended pleading shall be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.

(b) Amendments during and after trial.

(1) Based on an objection at trial. If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be. The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party’s action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.

(2) For issues tried by consent. When an issue not raised by the pleadings is tried by the parties' express or implied consent, it shall be treated in all respects as if raised in the pleadings. A party may move—at any time, even after judgment—to amend the pleadings to conform them to the evidence and to raise an unpleaded issue. But failure to amend does not affect the result of the trial of that issue.

(c) Relation back of amendments. When an amendment relates back. An amendment to a pleading relates back to the date of the original pleading when:

(1) the law that provides the applicable statute of limitations allows relation back;

(2) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out—or attempted to be set out—in the original pleading; or

(3) the amendment changes the party or the naming of the party against whom a claim is asserted, Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(l) for serving the summons and complaint, the party to be brought in by amendment:

(A) received such notice of the action that it will not be prejudiced in defending on the merits; and

(B) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's identity.

(d) Supplemental pleadings. On motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented. The court may permit supplementation even though the original pleading is defective in stating a claim or defense. The court may order that the opposing party plead to the supplemental pleading within a specified time.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Pleadings aren't set in stone. Rule 15 gives a party one free amendment — no permission needed — within 21 days of serving the original pleading, or, if a response is required, within 21 days after that response or a Rule 12(b)/(e)/(f) motion is served, whichever comes first. After that window closes, amendment requires either the opposing party's written consent or the court's leave, which the rule says courts should give freely when justice calls for it.

Amendments can happen even during and after trial. If evidence comes in that goes beyond what the pleadings raised, the court can let the pleadings be amended to match, and should do so freely unless the objecting party shows real prejudice. When the parties try an issue that wasn't pleaded — by consent, whether express or implied — the pleadings are treated as if they'd raised it all along, and a party can move to amend to reflect that even after judgment.

Timing matters most when a claim might otherwise be barred by a statute of limitations. An amendment "relates back" to the date of the original pleading — effectively treating it as if it had always been there — when the controlling limitations law allows relating back, when the amendment arises from the same conduct or transaction already described, or, for amendments that change who's being sued, when the new party got notice of the action in time and knew or should have known the suit belonged against it but for a mistake about identity.

Separate from amendments, Rule 15(d) lets a party file a supplemental pleading describing something that happened after the original pleading, even if that original pleading had its own defects, and lets the court set a deadline for the opposing party to respond to it.

Frequently Asked Questions

Can I amend my complaint without asking the court's permission?

Yes, once, within 21 days of serving it — or, if a response is required, within 21 days after that response or a Rule 12(b)/(e)/(f) motion is served, whichever is earlier. After that, you need the opposing party's written consent or the court's leave.

How freely will a court allow an amendment after the 21-day window?

Rule 15(a)(2) directs courts to give leave freely when justice requires it — amendment isn't guaranteed, but courts generally favor allowing it.

What does it mean for an amendment to "relate back"?

It means the amendment is treated as if it had been part of the original pleading from the start — important when a claim would otherwise be barred by a statute of limitations that has since run.

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

An amendment changes what's already alleged. A supplemental pleading, under Rule 15(d), adds a transaction or event that happened after the original pleading was filed — it supplements rather than replaces.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 15). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: amending a complaintrelation back doctrinesupplemental pleadingleave to amend