A. AMENDMENTS A pleading may be amended by a party 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, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. Whenever an amended pleading is filed, it shall be served upon all parties who are not in default, but as to all parties who are in default or against whom a default previously has been entered, judgment may be rendered in accordance with the prayer of the original pleading served upon them; and neither the amended pleading nor the process thereon need be served upon such parties in default unless the amended pleading asks for additional relief against the parties in default.
Rule 23.Amended and Supplemental Pleadings
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 23 lets a party amend a pleading, sometimes automatically and sometimes only with the court’s permission, allows an amendment to relate back to the original filing date even after the statute of limitations expires, and lets a party add a supplemental pleading covering events that happened afterward.
Full Text of Rule 23
B. AMENDMENTS TO CONFORM TO THE EVIDENCE When issues not raised by the pleadings are tried by 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, even 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 made by the pleadings, the court may allow the pleadings to be amended when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice such party in maintaining an 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 Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against the party to be brought in by amendment, such party (1) has received such notice of the institution of the action that the party will not be prejudiced in maintaining any defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party brought in by amendment.
D. HOW AMENDMENT MADE When any pleading is amended before trial, mere clerical errors excepted, it shall be done by filing a new pleading, to be called the amended pleading, or by interlineation, deletion, or otherwise. Such amended pleading shall be complete in itself, without reference to the original or any preceding amended one.
E. SUPPLEMENTAL PLEADINGS Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit the party to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. Permission may be granted even though 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 to the supplemental pleading, it shall so order, specifying the time therefor.
Amendment History
Page 2 of 20 Rule 23 Amended and Supplemental Pleadings [CCP 12/2/78; §§ B, D, E, F, G amended by CCP 12/13/80]
Plain-English Summary
Section A gives every party one free amendment. A pleading can be amended once as a matter of course — no permission needed — any time before a responsive pleading is served, or, if no response is expected, within 20 days after it is served. After that window closes, amending takes either the court’s leave or the other side’s written consent, though courts are directed to give leave freely when justice calls for it. An amended pleading has to be served on every party who is not in default, but a party who is already in default, or against whom default has already been entered, does not need to be served with it, and judgment against that party can still follow the prayer of the original pleading — unless the amendment asks for additional relief against them, in which case they do need to be served.
Section B deals with what happens when a trial drifts beyond what the pleadings raised. If the parties try an issue by consent, whether they say so or not, the pleadings are treated as if that issue had been raised all along, and either side can move to formally amend to match the evidence — even after judgment — though failing to make that formal amendment does not undo the result. If a party objects that evidence goes beyond the pleadings, the court can still allow the pleadings to be amended, as long as doing so serves a fair presentation of the case and the objecting party cannot show it would be prejudiced; the court can also grant a continuance to give that party time to meet the new evidence. Mechanically, section D requires anything beyond a mere clerical fix to be made through a complete, self-contained amended pleading — one that does not rely on cross-referencing the original or any earlier version.
Section C is what lets an amendment reach back in time. When the claim or defense in an amended pleading arises out of the same conduct, transaction, or occurrence set out, or attempted to be set out, in the original pleading, the amendment relates back to the date of that original pleading — which can rescue a claim even if the statute of limitations has run by the time the amendment is filed. Swapping in a new party takes more: the amendment relates back only if that new party received enough notice of the lawsuit, within the original limitations period, to avoid being prejudiced in defending on the merits, and knew or should have known that, but for a mistake about identity, the action would have named them from the start. Section E covers a different kind of addition — a supplemental pleading, which adds transactions, occurrences, or events that happened after the original pleading was filed, rather than fixing what was already there. It takes a motion, reasonable notice, and terms the court finds just, and it is available even if the original pleading had its own defects; the court can also order the other side to respond to it and set a deadline for doing so.
Frequently Asked Questions
Can I amend my complaint without asking the court’s permission?
Yes, once. ORCP 23 A allows one amendment as a matter of course before a responsive pleading is served, or, if no response is expected, within 20 days after the pleading is served. Any amendment after that requires either the court’s leave or the other side’s written consent.
Will an Oregon court let me amend my pleading?
Usually, once the free-amendment window has closed. ORCP 23 A directs courts to give leave to amend freely when justice so requires, which reflects a general preference for deciding cases on the merits rather than on the state of the original pleading.
Can an amendment save my claim if the statute of limitations has already run?
It can, under the relation-back doctrine in ORCP 23 C. If the claim or defense in the amended pleading arises out of the same conduct, transaction, or occurrence set out in the original pleading, the amendment is treated as if filed on the original pleading’s date — even if the actual amendment comes after the limitations period expires.
Can I add a new defendant after the statute of limitations has run?
Only if two additional conditions in ORCP 23 C are met. The new party must have received enough notice of the lawsuit, within the original limitations period, that defending on the merits will not be prejudiced, and that party must have known or should have known that, but for a mistake about identity, the action would have named them from the beginning.
What is a supplemental pleading, and how is it different from an amended pleading?
An amended pleading corrects or adds to what a party already alleged. A supplemental pleading, allowed under ORCP 23 E, instead adds transactions, occurrences, or events that happened after the original pleading was filed. It requires a motion, reasonable notice, and terms the court considers just, and it is available even when the original pleading had defects of its own.
Do I have to serve an amended pleading on a party who never responded to the original?
Not unless the amendment seeks additional relief against them. ORCP 23 A excuses service of an amended pleading on a party already in default, or one against whom default has been entered, and lets judgment follow the prayer of the original pleading served on them — unless the amendment asks for more.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 23). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
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