Rule 15.Amended and supplemental pleadings
Group 3: Pleadings and Motions · Last amended April 28, 2015 · Last verified July 13, 2026
Full Text of Rule 15
Amendment History
Adopted May 5, 1967, effective July 1, 1967; amended June 2, 2005, effective Sept. 1, 2005; amended, effective April 28, 2015.
Plain-English Summary
Rule 15 gives pleadings room to grow as a case develops. A party may amend a pleading once as a matter of course — no permission needed — any time before a responsive pleading is served, or, if no response is required and the case has not yet been calendared for trial, within 20 days after the pleading was served. Beyond that window, amendment requires either the other side's written consent or leave of court, and the rule instructs courts to grant that leave freely whenever justice calls for it. A party seeking leave must attach a proposed amended pleading to the motion, and once leave is granted, the amended pleading must be filed and served on every other party under Rule 5. The other side then has whichever is longer: the time remaining to respond to the original pleading, or 10 days after the amended one was served.
The rule also lets pleadings catch up to what happened at trial. When the parties try an issue that was not raised in the pleadings but do so knowingly or by implied consent, the court treats that issue as if it had been pleaded all along, and a motion to amend to match the evidence can be made even after judgment. If a party objects that evidence strays outside the pleadings, the court can allow an amendment anyway, and should do so freely, unless the objecting party shows real prejudice to its case — and even then a continuance can cure the problem.
Perhaps the highest-stakes feature of Rule 15 is relation back. An amendment that arises from the same conduct, transaction, or occurrence in the original pleading is treated as if filed on the original filing date — which can matter enormously once a statute of limitations has run. That protection extends to changing which party is being sued, but only if the new party received enough notice of the lawsuit within the time allowed for commencing the action that it will not be prejudiced in defending on the merits, and knew or should have known that but for a mistake about identity, the suit would have named it from the start. Separately, a party may seek to file a supplemental pleading describing events that happened after the original pleading, even if that original pleading had its own defects, and no pleading already on file may be altered by erasing or adding words without the court's leave.
Frequently Asked Questions
Can I amend my complaint without asking the court first?
Yes, once, as a matter of course — before the other side serves a responsive pleading, or, if no response is required and the case hasn't been set for trial, within 20 days after you served the original pleading. After that, you need either the other party's written consent or the court's permission.
What does 'relation back' mean and why does it matter?
An amendment that grows out of the same conduct, transaction, or occurrence as the original pleading is treated as if it had been filed on the original filing date. That can save a claim that would otherwise be barred by a statute of limitations that has since run.
Can I amend a pleading to add a new defendant after the statute of limitations has expired?
Only if the new party received enough notice of the lawsuit within the time allowed for commencing the action that it won't be prejudiced in defending on the merits, and it knew or should have known that but for a mistake about identity, it would have been named from the start.
What is a supplemental pleading, and how is it different from an amended pleading?
An amended pleading revises what was already alleged. A supplemental pleading adds transactions, occurrences, or events that happened after the original pleading was filed, and it may be permitted even if the original pleading had defects of its own.
Can I hand-write a change onto a pleading that's already been filed?
No. No amendment may be made by erasing or adding words to a pleading already on file without first getting the court's leave.
What happens if evidence at trial raises issues never mentioned in the pleadings?
If the parties try that issue by express or implied consent, it is treated as if it had been raised in the pleadings all along, and the pleadings may be amended to match — even after judgment — without affecting the trial's outcome.