(a) Amendments Before Trial.
(1) Amending as a Matter of Course. A
party's party may
amend its pleading may be
amended once as a matter of course:
at any time before being served with a responsive
pleading is served; or
, if within 21 days after serving the pleading
is one to which no if a responsive pleading
is permitted not allowed and the action has not been placed
upon is not yet on the trial
calendar , the party may so amend it at any time within 20 days after it is served.
(2) Other Amendments.
Otherwise a party's Except as
allowed by Rule 15(a)(1), a party
may amend its pleading may be amended only by leave of court or
by with the opposing
party's written consent of the adverse party; and or the court's
leave. Leave shall be freely
given when justice so requires.
(3) Time to Respond.
A party shall plead in Unless the court
orders otherwise, any required
response to an amended pleading must be made within the time remaining for
respond to the original pleading or within ten 14 days after service
of the amended pleading,
whichever period may be the longer, unless the court otherwise orders is
to conform to the evidence During and After
(1) During Trial. If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party's action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.
(2) After trial.
If issues When an issue not raised by the
pleadings are is tried by the
parties' express or implied consent of the parties, they
shall it must be treated in all respects
as if they had been raised in the pleadings. Such amendment of the
pleadings as may be
necessary to cause them A party may move at any time, even after judgment
to amend the
pleadings to conform them to the evidence and to raise an unpleaded issue.
these issues may
be made upon motion of any party at any time, even after judgment; but
failure so Failure to
amend does not affect the result of the trial of those issues that issue.
If evidence is objected
to at the trial on the ground that it is not within the issues made by the pleadings, the court
may allow the pleadings to be amended and shall do so freely when the presentation of the
merits of the action will be subserved thereby and the objecting party fails to satisfy the court
that the admission of that evidence would be prejudicial in maintaining the party's action or
defense upon the merits. The court may grant a continuance to enable the objecting party to
meet that evidence.
(c) Relation Back of Amendments.
(1) When an Amendment May Relate 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;
Whenever the amendment asserts a claim or
defense asserted in an amended pleading
has arisen that arose out of the conduct, transaction, or occurrence set
forth out or attempted
to be set forth out in the original
pleading ,; or
(C) the amendment
relates back to the date of the original pleading. An
changing changes the party or the naming of the party against whom a
claim is asserted
relates back if the foregoing provision , if Rule 15 (c)(1)(B) is satisfied
and if, within the
period provided by law for commencing the action against the party to be brought in by
amendment , that party:
has received such notice of the institution of the
action that the party it will not be
prejudiced in maintaining a defense defending on the
merits ,; and
(ii) knew or should have known that
, but for a mistake concerning the identity of
proper party, the action would have been brought against the party
it, but for a mistake
concerning the proper party's identity.
(2) Notice to the State.
The delivery or mailing of When the
State of North Dakota or
a state officer or agency is added as a defendant by amendment, the notice requirements of
Rule 15 (c)(1)(C)(i) and (ii) are satisfied if, during the stated period, process was
or mailed to the attorney general of North Dakota , or an agency
or to the officer who would
have been a proper defendant if named, satisfies the requirement of clauses (i) and (ii) with
respect to the state of North Dakota or any agency or officer thereof to be brought into the
action as a defendant or agency.
(d) Supplemental Pleadings.
Upon On motion of a party,
the court, upon reasonable notice
and upon such terms as are just, may and reasonable notice, the court may, on just
permit the a party to serve a supplemental pleading setting
forth transactions or occurrences
or events any transaction, occurrence or event that have
happened since after the date of the
pleading sought to be supplemented. Permission may be
granted The court may permit
supplementation even though the original pleading is defective in its statement
of stating a
claim for relief or defense. If the The court
considers it advisable that the adverse party plead
thereto, it shall so may order that the opposing party plead to the
within a , specifying the specified time therefor.
Rule 15 was amended, effectice March 1, 1986; March 1, 1990; ___________.
Rule 15 is
similar to FRCivP based on Fed.R.Civ.P.
15 except for style changes and
appropriate references to the Attorney General of North Dakota and the State of North
Dakota in subdivision (c).
Rule 15 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (a) was amended effective March 1, 1986, by adding the phrase "pleading is one to which no responsive pleading is permitted and the" to conform to the federal rule.
Subparagraph (a)(1)(B) was amended, effective ______________, to increase the time to amend a pleading from 20 to 21 days.
Paragraph (a)(3) was amended, effective _____________, to increase the time to respond to an amended pleading from 10 to 14 days.
Subdivisions (c) and (d) were amended in 1971 to conform to amendments in the federal rule in 1963 and 1966.
Subdivision (d) was amended to clarify that a supplemental pleading could be allowed even though the original pleading was defective in its statement of a claim or defense. Subdivision (c) was amended to clarify that an amendment changing the party against whom a claim is asserted relates back to the date of the original pleading.
Rule 15 was amended effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Sources: Joint Procedure Committee Minutes of April 29-30, 2010, pages 11-12;
24, 2008, page 20; April 20, 1989, page 2; December 3, 1987, page 11; November 29, 1984,
pages 7-8; June 21, 1984, page 3; September 20-21, 1979, pages 10-11;
15 , FRCivP.
Superseded: N.D.R.C. 1943 §§ 28-0719, 28-0727, 28-0735, 28-0736,
28-0738, 28-0743, 28-0744, 28-0745.
Rules N.D.R.Civ.P. 7 (Pleadings Allowed -
Form of Motions),
N.D.R.Civ.P. 8 (General Rules of Pleading), and N.D.R.Civ.P. 59 (New Trials -
of Judgments) , N.D.R.Civ.P.