During a civil lawsuit in federal court, the plaintiff files an amended complaint without obtaining prior permission from the court or the defendant. The defendant moves to strike the amended complaint, asserting that it was improperly filed. Which is the BEST conclusion based on the Federal Rules of Civil Procedure?
The amended complaint cannot proceed unless the defendant gave written consent before it was filed.
The amended complaint is permissible if it adds claims based on events described in the original complaint.
The amended complaint is improper without prior permission from the court or the opposing party.
The amended complaint may be upheld if it was filed within 21 days after the defendant served its answer or a Rule 12 motion.
Federal Rule of Civil Procedure 15 governs amendments to pleadings. Rule 15(a)(1) allows a party to amend its pleading once without leave of court if the amendment is made within 21 days of serving the original pleading or 21 days after service of a responsive pleading or certain Rule 12 motions. If the plaintiff fails to meet these timing requirements, they must obtain either the opposing party’s written consent or leave of court to amend. The best answer identifies this key point. Other answers incorrectly generalize or misstate the timing rules and conditions for amendment.
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What does Federal Rule of Civil Procedure 15 entail?
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What is a responsive pleading or a Rule 12 motion?
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What is the significance of timing in amending a complaint?