Rule 15.Amended and supplemental pleadings
Current through July 1, 2026 · Last verified July 13, 2026
Full Text of Rule 15
Amendment History
This rule’s current text took effect April 1, 2002. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Section A gives every party one free amendment. You can amend your pleading once without asking anyone’s permission, any time before the other side files a response to it. If your pleading is the kind that doesn’t get a response — like an answer — you still get that free amendment, but only within thirty days after you served it, and only if the case hasn’t yet been placed on the trial calendar. After that window closes, amending takes either the other party’s written consent or the court’s permission, and the rule tells judges to lean toward granting it: leave to amend “shall be given when justice so requires.” Once a pleading is amended, the other side gets the longer of two clocks to respond — whatever time was left to respond to the original pleading, or twenty days from being served with the amendment.
Section B deals with a common trial problem: what happens when the evidence at trial strays from what the pleadings raised. If both sides go along with it — expressly or just by not objecting — the issue is treated as if it had been pleaded from the beginning, and either side can ask, by motion, to formally amend the pleadings to match, even after judgment has already been entered. Nobody has to make that motion for the outcome to stand; failing to amend doesn’t undo a verdict reached on the issues tried. If a party does object that some piece of evidence falls outside the pleadings, the court can still let the pleadings be amended, and should do so freely when it would help resolve the case on the merits — unless the objecting party can show that letting the evidence in would truly hurt their ability to present their case. Even then, the court has a middle option: grant a continuance so the objecting party has time to respond to the new evidence, rather than shutting it out entirely.
Section C sets the relation-back rule — the mechanism that lets a later amendment count, for statute-of-limitations purposes, as if it had been filed on the original date. An amended claim or defense relates back whenever it grows out of the same conduct, transaction, or occurrence already described, or attempted to be described, in the original pleading. Relation back gets more demanding when the amendment changes who the claim is against. Beyond meeting the same-transaction test, the new party has to have learned of the lawsuit within one hundred twenty days of when the case was originally filed — closely enough that they aren’t prejudiced in mounting a defense — and that party must have known, or should have known, that the only reason they weren’t named at the start was a mistake about identity, not a deliberate choice to leave them out. When the party being added is a government entity, the rule offers a shortcut for satisfying that notice-and-mistake test: delivering or mailing process to the attorney general or the relevant governmental executive, for the state, or to the local government’s attorney, executive, or officer, for a local governmental organization, counts as meeting it.
Section D covers supplemental pleadings, which are a different tool from amendments. An amendment corrects or expands on what a party already alleged; a supplemental pleading adds events or transactions that happened after the original pleading was filed. On motion, with reasonable notice and on terms the court finds fair, a party can supplement their pleading with these later developments — and can do so even if the original pleading had a defect in how it stated the claim or defense. The court decides whether the other side needs to respond to the new material, and if it does, sets the deadline for that response.
Frequently Asked Questions
How long do I have to amend my pleading without the court’s permission?
If the other side hasn’t yet responded to your pleading, you can amend it once as a matter of course at any time before that response is served. If your pleading doesn’t get a response at all — an answer, for example — you still have thirty days after serving it to make that free amendment, as long as the case hasn’t been placed on the trial calendar yet.
What happens if I want to amend after that window has closed?
You need either the other party’s written consent or the court’s permission. Trial Rule 15(A) directs courts to grant leave to amend “when justice so requires,” which Indiana courts generally read as a standard favoring amendment unless it would cause real unfairness to the other side.
How much time does the other side get to respond to my amended pleading?
Whichever is longer: the time they had left to respond to your original pleading, or twenty days after being served with the amendment — unless the court sets a different deadline.
What does it mean for an amendment to “relate back”?
It means the amendment is treated as if it had been filed on the date of the original pleading, rather than the later date it was filed. That matters most when a statute of limitations has run in the meantime: relation back can save a claim or an added party from being time-barred, as long as the amendment grows out of the same conduct, transaction, or occurrence already at issue in the case.
Can I add a new defendant after the statute of limitations has expired?
Sometimes. Beyond the same-transaction requirement, Trial Rule 15(C) requires that the new defendant have learned of the lawsuit within one hundred twenty days of when the case was filed, in a way that doesn’t prejudice their defense, and that they knew or should have known they were left out of the original pleading only because of a mistake about identity — not because the plaintiff meant to leave them out.
Does anything change if the party I’m adding is a government entity?
Yes. Trial Rule 15(C) treats delivery or mailing of process to the attorney general or the appropriate governmental executive, in the case of the state, or to a local government’s attorney, executive, or the relevant officer, in the case of a local governmental organization, as satisfying the notice-and-mistake requirements that would otherwise apply.
What is a supplemental pleading, and how is it different from an amended pleading?
An amended pleading changes or adds to allegations about events that had already happened when the original pleading was filed. A supplemental pleading, addressed in Trial Rule 15(D), adds events or transactions that happened afterward. It requires a motion, reasonable notice, and terms the court considers fair, and it’s available even if the original pleading was defective in how it stated the claim or defense.