Rule 15.Amended and Supplemental Pleadings.

Current through February 2024 · Last verified September 12, 2026

In one sentenceRule 15 lets a party amend once as a matter of course before a response is served, requires leave of court or written consent after that, and fixes when an amendment relates back to the original filing.

Full Text of Rule 15

Text sizeJump to: (a) (b) (c) (d)

(a) Amendments. A party may amend the party's 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, the party may so amend the pleading at any time within twenty (20) days after the pleading is served. Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. When filing a motion to amend in the EFS, the amended pleading shall be attached as an exhibit to the motion and filed in accordance with Rule 1(b)(3). Amendments shall be embodied in a fair copy of the whole paper as amended. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten (10) days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

(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 and shall do so freely when the presentation of the merits of the action will be promoted thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice the objecting party in maintaining his or her 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, the party to be brought in by amendment:

(1) Has received such notice of the institution of the action that the party would not be prejudiced in maintaining his or her defense on the merits; and

(2) Knew or should have known that but for a mistake the action would have been brought against the party.

(d) 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.

End

Amendment History

Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.

Plain-English Summary

Subdivision (a) gives one free amendment. A party may amend at any time before a responsive pleading is served, or, where no responsive pleading is permitted and the case is not yet on the trial calendar, within twenty days after serving the pleading. After that window closes, amendment takes leave of court or the adverse party's written consent, and leave is to be given freely when justice requires. A motion to amend is one of the motions Rule 7(b)(3) treats as granted as a matter of course when no one objects in time.

Two mechanics in subdivision (a) catch people out. A party filing the motion in the Electronic Filing System attaches the amended pleading as an exhibit to the motion under Rule 1(b)(3). And the amendment must be embodied in a fair copy of the whole paper as amended — a clean full document, not a page of changes. The other side then pleads within whatever time remains for responding to the original pleading or within ten days after service of the amended pleading, whichever is longer, unless the court orders otherwise.

Subdivision (b) handles what happens at trial. Issues tried by express or implied consent are treated as if they had been pleaded, and the pleadings may be amended to match the evidence on any party's motion at any time, even after judgment; failing to amend does not change the result. If evidence is objected to as outside the pleadings, the court may allow an amendment and is directed to do so freely when it will promote presentation of the merits and the objecting party cannot show prejudice to its own case, with a continuance available to meet the new evidence.

Subdivision (c) governs relation back. An amendment relates back to the date of the original pleading when the claim or defense arose out of the conduct, transaction or occurrence set forth or attempted in that pleading. Changing the party a claim is asserted against requires more: within the period the law allows for commencing the action against that party, the new party must have received notice of the action such that defending on the merits is not prejudiced, and must have known or had reason to know that the action would have been brought against that party but for a mistake. Subdivision (d) allows a supplemental pleading, on motion and reasonable notice, covering transactions, occurrences or events that happened after the pleading being supplemented, even where that original pleading was defective.

Frequently Asked Questions

Can I change my complaint after I file it in Rhode Island Family Court?

Rule 15(a) lets a party amend once as a matter of course at any time before a responsive pleading is served. Where no responsive pleading is permitted and the action is not on the trial calendar, the amendment may be made within twenty days after the pleading was served.

Do I need a judge's permission to amend my pleading?

After the free window in Rule 15(a) closes, a party may amend only by leave of court or by the adverse party's written consent. The rule directs that leave be given freely when justice so requires.

How long do I have to respond to an amended pleading?

Rule 15(a) gives you the time remaining to respond to the original pleading or ten days after service of the amended pleading, whichever is longer, unless the court orders otherwise. Take the longer of the two.

Does an amendment count as filed on the date of the original pleading?

Under Rule 15(c) it relates back when the claim or defense arose out of the conduct, transaction or occurrence set forth or attempted in the original pleading. An amendment that changes the party sued relates back only if that party also received timely notice and knew or should have known the action would have been brought against it but for a mistake.

Something happened after I filed. How do I put it before the court?

Rule 15(d) allows a supplemental pleading on motion, with reasonable notice and on terms the court finds just, setting out transactions, occurrences or events that happened after the date of the pleading being supplemented. The court may grant permission even where the original pleading was defective, and may order the other side to respond within a time it sets.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Family Court Rules of Domestic Relations Procedure (R.Dom.Rel.P. 15). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified September 12, 2026. · Official source

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