(a) Without leave of court. — A party may file an amendment to a pleading without leave of court by the date set forth in a scheduling order or, if there is no scheduling order, no later than 30 days before a scheduled trial date. Within 15 days after service of an amendment, any other party to the action may file a motion to strike setting forth reasons why the court should not allow the amendment. If an amendment introduces new facts or varies the case in a material respect, an adverse party who wishes to contest new facts or allegations shall file a new or additional answer to the amendment within the time remaining to answer the original pleading or within 15 days after service of the amendment, whichever is later. If no new or additional answer is filed within the time allowed, the answer previously filed shall be treated as the answer to the amendment.
Rule 2-341.Amendment of pleadings
Circuit Court · Last amended January 1, 2008 · Last verified July 13, 2026
In one sentenceRule 2-341 lets a party amend a pleading freely before the scheduling deadline and with the court's permission afterward, and spells out exactly which changes count and how they must be marked.
Full Text of Rule 2-341
(b) With leave of court. — A party may file an amendment to a pleading after the dates set forth in section (a) of this Rule only with leave of court. If the amendment introduces new facts or varies the case in a material respect, the new facts or allegations shall be treated as having been denied by the adverse party. The court shall not grant a continuance or mistrial unless the ends of justice so require.
(c) Scope. — An amendment may seek to (1) change the nature of the action or defense, (2) set forth a better statement of facts concerning any matter already raised in a pleading, (3) set forth transactions or events that have occurred since the filing of the pleading sought to be amended, (4) correct misnomer of a party, (5) correct misjoinder or nonjoinder of a party so long as one of the original plaintiffs and one of the original defendants remain as parties to the action, (6) add a party or parties, (7) make any other appropriate change. Amendments shall be freely allowed when justice so permits. Errors or defects in a pleading not corrected by an amendment shall be disregarded unless they affect the substantial rights of the parties.
(d) If new party added. — If a new party is added by amendment, the amending party shall cause a summons and complaint, together with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action, to be served upon the new party.
(e) Highlighting of amendments. — Unless the court orders otherwise, a party filing an amended pleading also shall file at the same time a comparison copy of the amended pleading showing by lining through or enclosing in brackets material that has been stricken and by underlining or setting forth in bold- faced type new material.
Amendment History
Amended June 21, 1995, effective Sept. 1, 1995; Feb. 10, 1998, effective July 1, 1998; amended Nov. 8, 2005, effective Jan. 1, 2006; May 8, 2007, effective July 1, 2007; Dec. 4, 2007, effective Jan. 1, 2008.
Committee Note & Source
Committee note. The court may grant leave to amend the amount sought in a demand for a money judgment after a jury verdict is returned. See Falcinelli v. Cardascia, 339 Md. 414 (1995).
Plain-English Summary
Rule 2-341 splits pleading amendments into two tracks. Before the deadline set in a scheduling order — or, if there isn't one, at least 30 days before trial — a party can amend a pleading without asking the court first. Anyone else in the case has 15 days after being served with the amendment to move to strike it and explain why the court shouldn't allow it. If the amendment brings in new facts or changes the case in a material way, the other side has to file a new or additional answer, either within whatever time was left to answer the original pleading or within 15 days of the amendment, whichever gives more time; skip that, and the earlier answer just carries over to cover the amendment. After the deadline passes, amendments require the court's permission, new facts are treated as denied automatically, and the court won't grant a continuance or mistrial over the amendment unless justice demands it.
Section (c) lists what an amendment can do: change the nature of a claim or defense, sharpen the facts already pleaded, add events that happened after the original pleading was filed, fix a misnamed party, fix a missing or wrongly included party (as long as at least one original plaintiff and one original defendant stay in the case), add a party, or make any other appropriate change. The rule's default is generous — amendments should be freely allowed when justice permits, and defects that don't touch anyone's substantial rights get disregarded rather than punished. When an amendment adds a new party, that party has to be served with a summons, the complaint, and everything else already filed, just like an original defendant. And unless the court says otherwise, every amended pleading needs a companion comparison copy that marks deleted material with strikethrough or brackets and new material with underlining or bold type, so the changes are easy to spot.
Frequently Asked Questions
Can I amend my complaint without asking the court's permission?
Yes, if you do it before the deadline in the scheduling order, or, if there isn't one, at least 30 days before trial. Rule 2-341(a) allows amendment without leave of court up to that point.
What happens if the other side's amendment adds new facts against me?
Rule 2-341(a) requires you to file a new or additional answer addressing the new facts, using whichever gives you more time: the remaining time to answer the original pleading, or 15 days after the amendment was served. If you don't, your earlier answer is treated as your answer to the amendment.
Can the court refuse to let me amend after the scheduling deadline?
An amendment after the section (a) deadline requires leave of court under Rule 2-341(b). The rule favors allowing amendments freely when justice permits, but the decision is up to the court, and the court won't grant a continuance or mistrial over it unless the ends of justice require one.
Can I amend the amount of damages I'm asking for after a jury verdict comes back?
The Committee note to Rule 2-341 confirms a court may grant leave to amend the amount sought in a demand for a money judgment even after a jury verdict has been returned, citing Falcinelli v. Cardascia, 339 Md. 414 (1995).
Do I have to highlight what I changed in an amended pleading?
Yes, unless the court orders otherwise. Rule 2-341(e) requires filing a comparison copy alongside the amended pleading, showing deletions with strikethrough or brackets and new material with underlining or bold type.
What happens when an amendment adds a brand-new party to the case?
Rule 2-341(d) requires serving that new party with a summons, the complaint, and copies of everything already filed in the action, the same as an original defendant.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: amend a pleading marylandamendment without leave of courtredline amended complaint marylandadding a party by amendmentamend damages after jury verdict marylandscheduling order amendment deadline