Rule 15.Amended and Supplemental Pleadings
Group III: Pleadings and Motions · Last amended 2024 · Last verified July 14, 2026
Full Text of Rule 15
Comments
Subsection (a)(1) has been amended to incorporate the 2023 amendments to Federal Rule of Civil Procedure 15 to clarify that the right to amend a pleading continues without interruption until 21 days after the earlier of the events described in subsection (a)(1)(B).
This rule is substantially similar to Federal Rule of Civil Procedure 15, as amended in 2007 and 2009, but maintains the following local distinctions: 1) subsection (a)(2) addresses amendment of a dismissed or stricken pleading; 2) subsection (a)(5) requires a party to seek consent prior to filing a motion to amend; and 3) subsection (c)(2) includes notice requirements for the District of Columbia and its agencies or officers.
Identical to Federal Rule of Civil Procedure 15 except for additions to paragraph (a) which specify a time limit within which an amended pleading must be filed, a requirement that the movant seek to obtain the consent of affected parties and an addition to the last sentence of paragraph (c) that refers to amendments which seek to change party designations so as to bring in the District of Columbia or an official or agency thereof as a defendant. See Rule 54(c).
Plain-English Summary
Rule 15(a) gives a party one amendment as a matter of right, without asking permission — but only within a limited window. That window runs 21 days after serving the original pleading, or, if a response is required, 21 days after either a responsive pleading or a Rule 12(b), (e), or (f) motion is served, whichever comes first. When a pleading is dismissed or stricken with leave to amend, the amended version is due within 21 days unless the court sets a different deadline. Beyond those windows, amendment requires either the opposing party's written consent or the court's leave, and the rule directs courts to give that leave freely when justice calls for it — though a distinctly local twist requires any motion to amend to state that the movant sought consent, that it was refused, and who refused it.
Rule 15(b) addresses amendment triggered by what happens at trial itself. If a party objects that evidence strays outside the pleadings, the court can allow the pleadings to be amended on the spot, and should do so freely when it will help resolve the case on the merits and the objecting side cannot show real prejudice — with a continuance available if the objecting party needs time to respond to the new evidence. And when an issue outside the pleadings gets tried anyway, by everyone's express or implied consent, the rule treats it as if it had been pleaded from the start; a party can move to amend the pleadings to match, even after judgment, though failing to do so does not undo what the trial already decided.
Rule 15(c) governs relation back — whether an amendment counts, for statute-of-limitations purposes, as if it had been made on the date of the original pleading rather than the date of the amendment. That happens when the applicable statute of limitations itself allows it, when the amendment arises from the same conduct, transaction, or occurrence already described in the original pleading, or when the amendment changes the party being sued and, within the time allowed for serving the summons and complaint, the new party had notice of the action sufficient to avoid prejudice and knew or should have known the suit would have named it but for a mistake about identity. Rule 15(c)(2) spells out how that notice requirement is satisfied when the newly named defendant is the United States, the District of Columbia, or one of their officers or agencies. Rule 15(d) rounds out the rule by letting a party, on motion and with reasonable notice, supplement a pleading with events that happened after it was filed — even if the original pleading had its own defects.
Frequently Asked Questions
Can I amend my complaint without asking the court's permission?
Yes, within limits. Rule 15(a)(1) allows one amendment as a matter of course, made no later than 21 days after serving the original pleading, or 21 days after a response or a Rule 12(b), (e), or (f) motion is served, whichever is earlier. After that window, you need the opposing party's written consent or the court's leave.
What if I need to add a new defendant after the statute of limitations has run?
Rule 15(c)(1)(C) allows the amendment to relate back to the date of the original pleading if it arises from the same conduct or occurrence and, within the time allowed for serving the summons and complaint, the new party had notice sufficient to avoid prejudice and knew or should have known the suit would have named it but for a mistake about identity.
What if the other side won't consent to my amendment?
You can still ask the court for leave to amend under Rule 15(a)(3), which directs the court to give leave freely when justice requires it. A local requirement in Rule 15(a)(5) requires your motion to state that you sought consent, that it was denied, and who denied it.
What's the difference between an amended pleading and a supplemental pleading?
An amendment under Rule 15(a) revises what is already alleged. A supplemental pleading under Rule 15(d) instead adds a transaction, occurrence, or event that happened after the original pleading was filed, and the court can allow it even if the original pleading had its own defects.
What happens if evidence comes up at trial that wasn't in the pleadings?
Rule 15(b) lets the court permit the pleadings to be amended to match that evidence, and if the issue is tried by everyone's express or implied consent, it is treated as if it had been pleaded all along — a party can move to conform the pleadings even after judgment.