Amendments to Pleadings

Question 1

Right to amend

Answer 1

Pleader has absolute right to amend pleading once as of right up to 21 days after the service of the response to its pleading

Question 2

After time to amend has expired, a party must seek?

Answer 2

the courts leave to amend which is granted when justice so requires and to serve the merits

Question 3

Relation back doctrine: New Claim

Answer 3

Amendment adding new claim relates back to the date of a timely filed complaint if the new claim derives from the same transaction OR occurrence as the earlier, timely filed claims

Question 4

Relation back doctrine: New Party

Answer 4

Amendment adding new parties relates back to the date of a timely filed complaint if:

-claim against new party derives from the same transaction or occurrence as the earlier, timely filed claims and
-new party acquired knowledge that but for a mistake in name the new party would have been sued within 90 days of the filing of the timely complaint