Rule 3.1324.Amended pleadings and amendments to pleadings
Division 11. Law and Motion · Chapter 6. Particular Motions · Article 1. Pleading and Venue Motions · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1324 sets the paperwork a party must file to amend a pleading before trial — a copy of the proposed amendment, a precise account of exactly what language is being added or deleted, and a separate declaration justifying the timing and necessity of the change.
(a)Contents of motion A motion to amend a pleading before trial must:
(1)Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments;
(2)State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and
(3)State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (Subd (a) amended effective January 1, 2002.)
(b)Supporting declaration A separate declaration must accompany the motion and must specify:
(1)The effect of the amendment;
(2)Why the amendment is necessary and proper;
(3)When the facts giving rise to the amended allegations were discovered; and
(4)The reasons why the request for amendment was not made earlier. (Subd (b) adopted effective January 1, 2002.)
(c)Form of amendment The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it. (Subd (c) adopted effective January 1, 2002.)
(d)Requirements for amendment to a pleading An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court. All alterations must be initialed by the court or the clerk. (Subd (d) amended and relettered effective January 1, 2002; adopted as subd (b).)
Plain-English Summary
California courts weigh delay and prejudice when deciding whether to allow an amendment to a pleading, and rule 3.1324 requires the moving papers to give the court what it needs to make that call. The motion itself must include a copy of the proposed amendment or amended pleading, serially numbered to keep it distinct from earlier versions, and a precise map of the change: what allegations from the previous pleading are being deleted, located by page, paragraph, and line, and what allegations are being added, located the same way.
A separate declaration has to accompany the motion, answering four questions: what effect the amendment has, why the amendment is necessary and proper, when the moving party discovered the facts behind the new allegations, and why the amendment was not requested sooner. Because timing and diligence often decide whether a court allows a late amendment, the declaration forces the moving party to address those questions directly rather than leave them to inference.
Two mechanical provisions round out the rule. The court may treat what looks like a request to amend a single page as a request to file a full amended pleading instead, requiring the entire previous pleading refiled with the approved changes built in. And once an amendment is approved, it cannot be handwritten onto the face of the existing pleading without the court's permission, with every alteration initialed by the court or the clerk.
Frequently Asked Questions
What has to be included in a motion to amend a pleading in California?
A copy of the proposed amendment or amended pleading, serially numbered, and a statement of exactly what allegations are being deleted or added, located by page, paragraph, and line, under rule 3.1324(a).
Does a California motion to amend a pleading need a supporting declaration?
Yes. Rule 3.1324(b) requires a separate declaration explaining the effect of the amendment, why it is necessary, when the supporting facts were discovered, and why the amendment was not sought earlier.
Can you cross out and rewrite part of an already-filed California pleading?
Not without the court's permission. Rule 3.1324(d) bars alterations on the face of a pleading except by court permission, with every alteration initialed by the court or clerk.
Why does a California court need to know when a party discovered the facts behind an amendment?
Because the declaration required by rule 3.1324(b) is designed to let the court assess delay and diligence — factors that bear on whether allowing the amendment is fair to the other side.
Amendment History
Rule 3.1324 renumbered effective January 1, 2007; adopted as rule 327 effective January 1, 1984; previously amended effective January 1, 2002.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as:motion to amend complaint requirements Californiadeclaration in support of amended pleading Californiahow to amend a pleading in California civil case