Motion for Leave to Amend a Pleading

When the motion for leave to amend a pleading is used

Timing: any time the time to amend as a matter of course has passed. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• A party may amend once as a matter of course within 21 days after serving it, or — if a responsive pleading is required — 21 days after service of a responsive pleading or of a motion under Rule 12(b), (e), or (f), whichever is earlier (Rule 15(a)(1)).
• Otherwise a party may amend only with the opposing party's written consent or the court's leave; the court should freely give leave when justice so requires (Rule 15(a)(2)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 15(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for leave to amend a pleading in state court

This page covers the federal version. In state court, the motion for leave to amend a pleading may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Amendment: a change to a pleading after it has been filed.
• Leave of court: the court's permission to take a step that the rules do not allow as of right.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to File a Supplemental Pleading: a request to add a pleading that sets out events that happened after the date of the pleading being supplemented.
• Motion to Dismiss for Failure to State a Claim: a motion arguing that, even if the facts alleged are true, the complaint does not state a claim upon which relief can be granted.
• Motion to Modify the Scheduling Order: a request to change a deadline in the court's scheduling order.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.