(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:
(A) at any time before a responsive pleading is served or 21 days after serving it, or
(B) , if the pleading is one to which no a responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served 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. 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. shall be The court should freely given give leave 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 response to 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 later.
(b) Amendments to conform to the evidence During and After Trial.
(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 But failure so 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;
(B) 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 amendment 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 the amendment, that party:
(i) 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 the 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 delivered 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 terms, 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 in 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 supplemental pleading 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.
Paragraph (a)(1) was amended, effective ______________, to track the 2009 federal amendment. The amendment to Rule 15(a)(1)(A) and (B) limits the time when a party may amend a pleading to which a responsive pleading is required once as a matter of course. Under the amendment, a party may file an amended pleading without leave of court within 21 days after service of a responsive pleading or 21 days after service of a Rule 12 motion, whichever is earlier.
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 _______________; January 24, 2008, page20; 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; Rule Fed.R.Civ.P. 15, FRCivP.
Superseded: N.D.R.C. 1943 §§ 28-0719, 28-0727, 28-0735, 28-0736, 28-0737, 28-0738, 28-0743, 28-0744, 28-0745.
Cross Reference: 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 - Amendment of Judgments), N.D.R.Civ.P.