(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 it at any time within 20 days after it 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. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 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 subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice the party in maintaining the party’s 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. An amendment of a pleading relates back to the date of the original pleading when
(1) relation back is permitted by the law that provides the statute of limitations applicable to the action, or
(2) 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, or
(3) the amendment changes the party or the naming of the party against whom a claim is asserted if the foregoing provision (2) is satisfied and, within the period provided by Rule 4(m) for service of the summons and complaint, the party to be brought in by amendment (A) 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 (B) 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. The delivery or mailing of process to the United States Attorney, or United States Attorney’s designee, or the Attorney General of the United States, or an agency or officer who would have been a proper defendant if named, satisfies the requirement of subparagraphs (A) and (B) of this paragraph (3) with respect to the United States or any agency or officer thereof to be brought into the action as a defendant.
(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.
(As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Dec. 9, 1991; Apr. 22, 1993, eff. Dec. 1, 1993.)
added in current removed in current
Compared to current version (2025).
(a) Amendments Before Trial.
(1) Amending as a Matter of Course. A party may amend ithe party’s pleading once as a matter of course at any time before a responsive pleading is served or,no later than:
(A) 21 days after serving it, or
(B) if the pleading is one to which noa responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served. Otherwiserequired, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.
(2) Other Amendments. In all other cases, a party may amend ithe party’s pleading only by leave of court or bywith the opposing party’s written consent ofr the adverse party; and leave shall becourt’s leave. The court should freely given leave when justice so requires. A party shall plead in
(3) Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining forto responsed to the original pleading or within 104 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise ordersis later.
(b) Amendments During and After Trial.
(b1) Amendments To Conform to the Evidence. WBased on an Objection at Trial. If, at trial, a party objects that evidence is not within then issues not raised byin 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 , the court may permit the pleadings to be amended. The court should freely permit an amendment when doing so will aid in presenting 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 subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice the party in maintaining the party’s 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 Amendmentsmerits and the objecting party fails to satisfy the court that the evidence would prejudice that party’s action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.
(2) For Issues Tried by Consent. When an issue not raised by the pleadings is tried by the parties’ express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move-at any time, even after judgment- to amend the pleadings to conform them to the evidence and to raise an unpleaded issue. But failure to amend does not affect the result of the trial of that issue.
(c) Relation Back of Amendments.
(1) When an Amendment Relates Back. An amendment tof a pleading relates back to the date of the original pleading when:
(1A) relation back is permitted by the law that provides the applicable statute of limitations applicable to the action, orllows relation back;
(2B) the claim or defense asserted in the amended pleadingamendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set forth out-or attempted to be set forth out-in the original pleading,; or
(3C) the amendment changes the party or the naming of the party against whom a claim is asserted, if the foregoing provision (2Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(m) for service ofng the summons and complaint, the party to be brought in by amendment (A) has:
(i) received such notice of the institution of the action that ithe party will not be prejudiced in maintaining a defenseding on the merits,; and (B
(ii) 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. The delivery or mailing of process the action would have been brought against it, but for a mistake concerning the proper party’s identity.
(2) Notice to the United States Attorney, or. When the United States Attorney’s designee, or the Attorney General of theor a United States, or an agency or officer who would have been a proper defendant if named, satisfies thfficer or agency is added as a defendant by amendment, the notice requirements of subparagraphs (A) and (B) of this paragraph (3) with respect to the United States or any agency or officer thereof to be brought into the action as a defendantRule 15(c)(1)(C)(i) and (ii) are satisfied if, during the stated period, process was delivered or mailed to the United States attorney or the United States attorney’s designee, to the Attorney General of the United States, or to the officer or agency.
(d) Supplemental Pleadings. UpoOn motion of a party the court may, upon reasonable notice and upon such terms as are justand reasonable notice, the court may, on just terms, permit thea party to serve a supplemental pleading setting forthout any transactions or, occurrences, or events which have that happened sinceafter the date of the pleading sought to be supplemented. Permission may be grantedThe court may permit supplementation even though the original pleading is defective in its statement of a claim for reliefstating a claim or defense. If tThe court deems it advisablemay order that the adverseopposing party plead to the supplemental pleading, it shall so order, specifying the time therefor.
within a specified time. (As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Dec. 9, 1991; Apr. 22, 1993, eff. Dec. 1, 199Pub. L. 102-198, § 11(a), Dec. 9, 1991, 105 Stat. 1626; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 24, 2023, eff. Dec. 1, 2023.)