Rule 15. Amended and Supplemental Pleadings
(a) Amendments Before Trial.
(1) Amending as a Matter of Course. A party
may amend its pleading once as a matter of course:
(A) before being served with
a responsive pleading; or
(B) within 20 days after
serving the pleading if a responsive pleading is not allowed and the
action is not yet on the trial calendar.
(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 10 days after service of the amended pleading, whichever is
later.
. . .
(c) Relation Back of Amendments.
(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 statute of limitations 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 the period
provided by Rule 4(m) for serving the summons and 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.
...
(d) Supplemental Pleadings. On motion and reasonable notice, the
court may, on just terms, permit a party to serve a supplemental
pleading
setting out any transaction, occurrence, or event that happened after
the date of the pleading to be supplemented. The court may permit
supplementation even though the original pleading is defective in
stating a claim or defense. The court may order that the opposing party
plead to the
supplemental pleading within a specified time.