Amending a Complaint in a Lawsuit

Lawsuit - Amending a Complaint in a Lawsuit

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A lawsuit is started by filing by a Complaint. The party filing the Complaint is called the Plaintiff. In definite cases, a Plaintiff may decide to change his first Complaint. There are many possible reasons that a Plaintiff may change or "amend" the Complaint (ie. The discovery of new evidence, a change in law, or even correcting a easy mistake). Federal Courts have definite rules for amending a Complaint. A Plaintiff may amend her Complaint once any time before an reply or "responsive pleading" is served. Fed. R. Civ. P.15(a). However, if the amendment is sought after the reply is filed, the Plaintiff must whether procure (i) written consent from the opposing party or (ii) permission from the Court.

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Fortunately, that permission or "leave", as it is referred to in the rules, is commonly freely given. In fact, under the rules, it would be inappropriate for the Court to deny the ask so long as there has been no undue delay, bad faith, or dilatory motive on the part of the movant, nor undue prejudice to the non-moving party. An example of "undue prejudice" would be if the Court terminated that the Plaintiff was seeking to amend the Complaint merely to delay the trial or add claims that the defendant would not have time to test in discovery.

Federal Courts have recognized the kind acceptable in Rule 15 (a). In fact the United States consummate Court has declared that the purpose of this course is primarily because the Courts favor giving a Plaintiff the chance to "test his claim on the merits" Foman v. Davis, 371 U.S. 178, 182 (1962). In other words, a party should be given his "day in Court", rather than limiting Plaintiffs claims straight through overly restrictive pleading rules.

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