15.01 Amendments. A party may amend the party's pleadings 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 set for trial, the party may so amend it at any time within fifteen (15) days after it is served. Otherwise a party may amend the party's pleadings only by written consent of the adverse party or by leave of court; and leave shall be freely given when justice so requires. For amendments adding defendants pursuant to Tenn. Code Ann. § 20-1-119, however, written consent of the adverse party or leave of court is not required. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within fifteen (15) days after service of the amended pleading, whichever period may be longer, unless the court otherwise orders.
Rule 15.Amended and Supplemental Pleadings
Last amended July 1, 1995 · Last verified July 2, 2026
In one sentenceRule 15 lets a party amend its pleadings once without permission before a responsive pleading is served, requires leave of court or written consent afterward — which courts must grant freely — allows the pleadings to conform to evidence tried by consent, and lets an amendment adding a claim or party relate back to the original filing date when it arises from the same transaction or occurrence.
Full Text of Rule 15
15.02 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. Provided, however, amendment after verdict so as to increase the amount sued for in the action shall not be permitted. 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 subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice that party in maintaining the action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.
15.03 Relation Back of Amendments. Whenever the claim or defense asserted in the amended pleadings 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 or the naming of the party by or against whom a claim is asserted relates back if the foregoing provision is satisfied and if, within the period provided by law for commencing an action or within 120 days after commencement of the action, the party to be brought in by amendment (1) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a 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.
15.04 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.
Advisory Commission Comments
Advisory Commission Comments.
[1995].
The amendment to Rule 15.03 incorporates language similar to that adopted in the federal version to change the unfortunate result of decisions such as Schiavone v. Fortune, 477 U.S. 21 (1986). Under the revised wording, an action commenced under a corporate defendant's trade name just before the statute of limitations runs -- but not served on the corporation's agent until two weeks after the statute runs -- could be corrected by amendment.
Advisory Commission Comments [2007].
The need for the new third sentence of Rule 15.01 was highlighted by Jones v. Professional Motorcycle Escort Service, L.L.C., 193 S.W.3d 564 (Tenn. 2006). Because Tenn. Code Ann. § 20-1-119 allows potential comparative tortfeasors pleaded in the answer to be added to the complaint, there is no reason to trouble the trial court with permission to amend. The new language resolves an ambiguity created by the statute and the earlier version of the rule.
Amendment History
- As amended by order filed February 1, 1995, effective July 1, 1995.
Plain-English Summary
Rule 15.01 lets a party amend a pleading once without asking permission, at any time before a responsive pleading is served, or, if no response is permitted and the case has not been set for trial, within 15 days after the pleading was served. After that window closes, a party needs either the opposing party’s written consent or the court’s leave, which the rule directs courts to grant freely whenever justice requires it. A motion to dismiss does not count as a responsive pleading, so filing one does not cut off a plaintiff’s right to amend once as a matter of course.
Rule 15.02 covers what happens when the evidence at trial goes beyond what the pleadings describe. If both sides try an unpled issue by express or implied consent, the court treats it as if it had been raised in the pleadings from the start, and the pleadings may be amended to match the evidence — even after the fact, and even if no one moves to amend at all. An objection to evidence outside the pleadings does not automatically keep it out: the court may still allow the pleadings to be amended on the spot, and should do so freely when it would help decide the case on the merits and the objecting party cannot show real prejudice.
Rule 15.03 lets an amendment relate back to the date of the original pleading — treated as though it had been filed on time — whenever the new claim or defense arises from the conduct, transaction, or occurrence already described in the original pleading. Tennessee courts have read that "same transaction or occurrence" standard broadly, even though its application to particular facts has sometimes produced inconsistent results. When an amendment changes who is being sued, relation back additionally requires that the new party received notice of the action and knew or should have known that, but for a mistake, the action would have named that party from the start.
Rule 15.04 lets a party obtain leave of court to file a supplemental pleading describing events that happened after the original pleading, on terms the court sets as just, and it is separate from an amendment correcting or adding to what was already alleged.
Frequently Asked Questions
Can I amend my complaint without asking the court?
Yes, once. Rule 15.01 allows one amendment as a matter of course before a responsive pleading is served, or within 15 days if no response is required. After that, amendment needs the opposing party’s written consent or the court’s leave.
Does filing a motion to dismiss cut off my right to amend?
No. A motion to dismiss is not a responsive pleading, so Rule 15.01 still allows one amendment as a matter of course after a motion to dismiss is filed, as long as no earlier amendment as of right has already been used.
What does it mean for an amendment to "relate back"?
Under Rule 15.03, an amendment that arises from the same conduct, transaction, or occurrence already described in the original pleading is treated as if filed on the original filing date — which can preserve a claim that would otherwise be barred by a statute of limitations that has since run.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 15). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: amendment as a matter of courserelation backconforming pleadings to the evidencesupplemental pleading
Advisory Commission Comments.
15.02: Rule 15 grants a party an absolute right to amend once within a specified time, and allows amendment freely at any time by consent of the parties or by leave of court. Where issues not raised by the pleadings are actually tried, amendment may conform the pleadings to the evidence. Amendment after verdict is permitted, but it is expressly provided that no amendment after verdict may increase the amount sued for. Specified times for response to amendments are set out, but these may be changed by order of the court, and continuances may be granted when necessary.
15.04: Rule 15.04 authorizes the court to permit a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented, and empowers the court to order a responsive pleading to the supplemental pleading where advisable. This Rule has especial significance in the light of Rule 7.01 which limits the pleadings which may ordinarily be filed.