Rule 215.Amended Pleadings

Rule 215 governs changing a pleading.

Once, as a matter of right

A party may amend once within 21 days after serving the pleading — or, where a responsive pleading is required, within 21 days after service of a responsive pleading or of a Rule 206(b), (e) or (f) motion, whichever is earlier.

Otherwise, consent or leave

Any other amendment needs the opposing party's written consent or the court's leave, and the court should freely give leave when justice so requires.

The procedural requirements are specific. Whether by stipulation or motion, the request must attach an unsigned copy of the proposed amended pleading setting out the entire pleading — without incorporating the prior pleading by reference — and must state with particularity what amendments are requested, or alternatively supply a redline or comparison version showing the changes. A proposed order must be submitted, and once granted the moving party must file the amended pleading and serve a copy.

Responding

Any required response to an amended pleading is due within the time remaining to respond to the original, or 14 days after service of the amended pleading, whichever is later.

At trial

If a party objects that evidence falls outside the pleadings, the court may permit amendment — and should freely permit it where doing so aids presentation of the merits and the objecting party fails to satisfy the court that the evidence would prejudice its action or defense. The court may grant a continuance to let the objecting party meet the evidence.

Where an unpleaded issue is tried by express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move to amend to conform at any time, even after judgment — and failure to amend does not affect the result of the trial of that issue. What was actually litigated is what was decided, whether or not the paperwork ever caught up.