RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS
(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;
, if within 21 days after
serving the pleading is one to which no if a responsive
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
(2) Other Amendments.
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 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
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
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;
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:
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.
motion of a party, the court, upon reasonable notice
and upon such terms as are just, may and reasonable notice, the court may, on
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
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
Rule 15 was amended, effectice March 1, 1986; March 1, 1990; March 1, 2011.
Rule 15 is
to FRCivP based on Fed.R.Civ.P. 15 except for style changes
appropriate references to the Attorney General of North Dakota and the State of North Dakota
in subdivision (c).
Rule 15 was amended, effective March 1, 2011, 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 March 1, 2011, to increase the time to amend a pleading from 20 to 21 days.
Paragraph (a)(3) was amended, effective March 1, 2011, 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; January
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, 28-0737,
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 - Amendment
of Judgments) , N.D.R.Civ.P.