Bonus Prevarication Du Jour

xeno201310181331ZPro Tip for Pro Se Litigants: Read the Rules.

Rule 15 of the Federal Rules of Civil Procedure says—

(a) Amendments Before Trial.

(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is 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. 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.

A party gets one free amendment to a complaint. Any further amendment requires either the consent of the opposing party(ies) or convincing the judge that an amendment is warranted. That’s not always a gimme.

6 thoughts on “Bonus Prevarication Du Jour

  1. Since the vast majority of defendants haven’t even been served, how could he possibly receive “written consent” to amend his complaint?

    Suing the world has its drawbacks.

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