In one sentenceRule 15 lets a party amend a pleading once as a matter of course before a response is served, otherwise only with the court’s leave or the adverse party’s written consent — freely given when justice requires — and treats a proper amendment as relating back to the date of the original pleading.
(a)Amendments. – A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within 30 days after it is served. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within 30 days after service of the amended pleading, unless the court otherwise orders.
(b)Amendments to conform to the evidence. – When issues not raised by the pleadings are tried by the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, either before or after judgment, but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues raised by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be served thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.
(c)Relation back of amendments. – A claim asserted in an amended pleading is deemed to have been interposed at the time the claim in the original pleading was interposed, unless the original pleading does not give notice of the transactions, occurrences, or series of transactions or occurrences, to be proved pursuant to the amended pleading.
(d)Supplemental pleadings. – Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions or occurrences or events which may have happened since the date of the pleading sought to be supplemented, whether or not the original pleading is defective in its statement of a claim for relief or defense. If the court deems it advisable that the adverse party plead thereto, it shall so order, specifying the time therefor.
Amendment History
(1967, c. 954, s. 1.)
Plain-English Summary
Rule 15(a) allows a party to amend a pleading once as a matter of course at any time before a responsive pleading is served, or, for a pleading that permits no response and whose action is not yet calendared for trial, within 30 days after it is served. Beyond that window, amendment requires either leave of court or the adverse party’s written consent, and leave is to be freely given when justice requires it. A party must respond to an amended pleading within 30 days of its service, unless the court orders otherwise.
Rule 15(b) addresses issues that come up at trial without having been raised in the pleadings: if the parties try them by express or implied consent, they are treated in every respect as if the pleadings had raised them, and the pleadings may be amended to conform to the evidence at any time, before or after judgment, though failure to amend does not affect how those issues were tried. If a party objects that evidence falls outside the pleaded issues, the court is to freely allow amendment when doing so serves the merits and the objecting party cannot show the new evidence would cause real prejudice, and the court may grant a continuance to let that party respond to it.
Rule 15(c) gives an amended pleading the same effective filing date as the original — a claim in the amendment relates back to when the original pleading was filed — unless the original pleading failed to give notice of the transactions or occurrences the amendment now seeks to prove. Rule 15(d) separately allows a supplemental pleading, on motion, reasonable notice, and terms the court finds just, to add transactions, occurrences, or events that happened after the pleading being supplemented was filed, whether or not that original pleading was itself defective, and the court may order the adverse party to respond to it on a set timetable.
Frequently Asked Questions
Can a party amend a pleading without asking the court?
Yes, once, as a matter of course, at any time before a responsive pleading is served — or, if no response is permitted and the case isn’t yet calendared for trial, within 30 days after the pleading was served. After that, amendment needs the court’s leave or the other side’s written consent.
Does an amended claim count as filed on the date of the amendment or the original pleading?
The original pleading’s date, under Rule 15(c) — as long as that original pleading gave notice of the transactions or occurrences the amendment now relies on. Otherwise the amendment does not relate back.
What is a supplemental pleading, and how is it different from an amendment?
A supplemental pleading, allowed under Rule 15(d) by motion and on terms the court sets, adds new transactions or events that happened after the original pleading was filed — unlike an amendment, which corrects or adds to what already existed at the time of the original pleading.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 15). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:amending a complaintamendment as a matter of courseleave to amendrelation back doctrineconform to the evidencesupplemental pleadingamended pleading response deadline