Rule 15.Amended and supplemental pleadings
Group III: Pleadings and Motions · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 15
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The amendments are technical. Subdivision (c) remains unchanged and thus does not conform to the 1966 or 1991 amendments to subdivision (c) of the federal rule.
Advisory Committee Note — 2019 Amendment: Rule 15(a)(1) tracks FRCP 15(a)(1) and permits a plaintiff to amend as a matter of course later than former NRCP 15(a) allowed. Rule 15(c)(2) incorporates text from FRCP 15(c)(1)(C). Rule 15(c) governs relation-back of amendments generally, while Rule 10(d) governs replacing a named party for a fictitiously named party. The express provision Rule 10(d) makes for pleading fictitious defendants, which the FRCP does not have, avoids the problem that has arisen in federal cases attempting to apply FRCP 15(c)(1)(C) to fictitious defendants. While Rule 15(c) and Rule 10(d) are distinct tests, if a fictitious-party replacement does not meet the Rule 10(d) test, it may be treated as an amendment to add a party under Rule 15 if the standards in Rule 15 are met.
Amendment History
Amended eff. 3-16-64; Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Every case starts with pleadings, and pleadings are rarely perfect on the first try. Rule 15 gives a party a short window — 21 days after serving the pleading, or 21 days after a response or a motion under Rule 12 — to amend without asking anyone’s permission. After that window closes, a party needs the opposing side’s written consent or the court’s leave, which courts are told to grant freely when justice calls for it. The rule also covers amendments that surface during or after trial, including when an issue not raised in the pleadings gets tried anyway because both sides went along with it.
The trickier piece is relation back. Ordinarily, an amendment filed after a deadline or a statute of limitations would be too late. But if the new claim grows out of the same conduct or events already described in the original pleading, the amendment relates back to the filing date of that original pleading. The same goes for correcting the identity of a party, so long as the new party got timely notice of the suit and knew or should have known it was the one who should have been named from the start. Rule 15 rounds out with supplemental pleadings, which let a party add events that happened after the original pleading was filed, rather than fix something that was wrong when filed.
Frequently Asked Questions
How long does a party have to amend a pleading without asking permission?
Generally 21 days after serving the original pleading, or 21 days after a required response or a motion under Rule 12(b), (e), or (f), whichever comes first.
What happens once the deadline to amend as of course has passed?
The party needs the opposing side’s written consent or the court’s leave. Courts are directed to grant leave freely when justice requires it.
What is relation back, and why does it matter?
Relation back treats an amendment as if it were filed on the date of the original pleading. It matters most when a statute of limitations would otherwise bar the new claim or party.
Can a party fix the name of the wrong defendant after the limitations period has run?
Sometimes. The new party must have gotten timely notice of the suit and known or should have known it was the intended target, so it isn’t prejudiced in defending on the merits.
What is a supplemental pleading, and how does it differ from an amended one?
A supplemental pleading adds facts about events that happened after the original pleading was filed, while an amendment corrects or adds to what was already alleged as of that filing date.