Rule 15.Amended and supplemental pleadings
Group III: Pleadings and Motions · Last amended March 1, 2017 · Last verified July 14, 2026
Full Text of Rule 15
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Rule 15 gives parties room to fix or update their pleadings as a case develops. A party can amend a pleading once without asking permission, but only within a set window: 21 days after serving it, or if a response is required, 21 days after that response or a Rule 12 motion is served, whichever comes first. Once that window closes, the party needs either the other side's written consent or the court's permission, and courts are told to grant that permission freely when justice calls for it. If someone amends a pleading, the deadline for responding resets to the greater of the original response time or 14 days after the amendment lands.
The rule also covers what happens closer to or during trial. If a party objects that certain evidence goes beyond what the pleadings raised, the court can allow the pleadings to be amended on the spot, and should do so freely when the change helps get at the merits without prejudicing the objecting party — a continuance can buy time to respond to the new evidence. When both sides try an unpleaded issue without objection, the law treats that issue as if it had been pleaded all along, whether or not anyone bothers to formally amend. Rule 15 also spells out when an amendment relates back to the date of the original filing — a distinction that matters when a statute of limitations has since run — including the narrow path for correcting a mistaken party name, and it allows supplemental pleadings to add events that happened after the original pleading was filed.
Frequently Asked Questions
What does amending "as a matter of course" mean and how long do I have?
It means you can change your pleading without asking the other side or the court for permission. You get one free amendment within 21 days of serving the original pleading, or, if a response is required, within 21 days of the response or a Rule 12(b), (e), or (f) motion, whichever happens first.
What happens once the deadline for amending as a matter of course has passed?
You still may amend, but only with the other party's written consent or the court's leave. Courts are directed to grant leave freely when justice requires it, so a late amendment is often still available — it just needs permission first.
Can I add a new party after the statute of limitations has run?
Sometimes. Rule 15(c) lets an amendment relate back to the date of the original pleading if it grows out of the same conduct, transaction, or occurrence, and if the new party received notice of the case in time and knew or should have known it was the intended target of a mistaken identification.
What if evidence at trial does not match what was pleaded?
If a party objects, the court can still allow the pleadings to be amended to match the evidence, and should do so when it helps resolve the case on the merits without prejudicing the objecting party. If both sides try the issue without objection, the court treats it as if it had been pleaded from the start.
What is the difference between an amended pleading and a supplemental pleading?
An amendment changes or adds to what happened before the pleading was filed. A supplemental pleading adds events that happened after the original pleading, and the court can allow one even if the original pleading had defects of its own.