Reply and Amendments

Question 1

After The Complaint

Answer 1

1. Default
2. Pre-Answer Motion
3. Answer
4. Reply
5. Amendments

Question 2

Reply

Answer 2

aka Answer to Counterclaim

Not necessary in response to affirmative defenses

Only necessary in response to a counterclaim denominated as such

Some plaintiffs will reply when it is questionable whether an affirmative defense should be a counterclaim, to be safe

Question 3

Amendments Before Trial

Answer 3

(1) Amending as a matter of course. A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required, 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 its pleading only with the opposing party’s written consent OR the court’s leave. The court should freely give leave when justice so requires.
(3) Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading OR within 14 days after service of the amended pleading, whichever is later.

Question 4

Relation Back of Amendments

Answer 4

(1) When an Amendment Relates Back. An amendment to a pleading relates back to the date of the original pleading when:

(A) The law that provides the applicable SOL allows relation back;

(B) The amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out – or attempted to be set out – in the original pleading; or

(C) the amendment changes the party or the naming of the party against whom a claim is asserted, if

• Rule 15(c)(1)(B) is satisfied AND
• If, within [120 days of the filing of the complaint], the party to be brought in by amendment:
  (i) Received such notice of the action that it will not be prejudiced in defending on the merits; and
  (ii) Knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party’s identity.