Also known as:FRCP 15 · Fed. R. Civ. P. 15 · Federal Rule of Civil Procedure 15 · FRCP Rule 15 · Rule 15 FRCP
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule that governs amendments to pleadings in federal civil actions. It authorizes a party to amend once as a matter of course within twenty-one days after serving the pleading or within twenty-one days after service of a responsive pleading or qualifying motion, whichever is earlier. After that window, further amendments require the opposing party's written consent or leave of court, which is freely given when justice so requires.
Sources & Authorities
How it applies
Common Examples
6
Relation Back for New Defendant
Rhea Reynolds sued a warehouse operator for injuries from a collapsed rack. After the Rule 4(m) period began, she learned the correct corporate name was Reliance Insurance and filed an amended complaint substituting that entity. The new defendant had received notice of the suit within the service window and knew the action targeted it but for the naming error, so the amendment relates back.
Preserving Defense by Amendment
Roberto Reyes answered a contract complaint without raising lack of personal jurisdiction. Within the period allowed by Rule 15(a)(1), he filed an amended answer that included the defense. Because the amendment occurred as a matter of course, the jurisdictional objection is preserved rather than waived.
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Casebooks
Amending to Add Standing Allegations
Ryan Roberts, a member of an environmental group, sued a federal agency over a development permit. The complaint lacked specific facts showing individual injury. After the agency moved to dismiss, Roberts filed an amended complaint detailing his own recreational use of the affected area. The amendment supplies the missing standing facts without needing leave.
Sierra Club v. Morton405 U.S. 727 (1972)
Amending Class Definition
Rina Rahman filed a securities class action and later sought to narrow the class period. The court allowed the change while preserving the original complaint's structure, avoiding any need to restart the certification process through a new pleading.
Eisen v. Carlisle & Jacquelin417 U.S. 156, 171 (1974)
Correcting Pleading Deficiencies
Roger Ramirez sued a union for breach of duty but omitted key factual details. After the union moved for a more definite statement, Ramirez filed an amended complaint supplying the missing allegations. The amendment cured the defect within the permitted window.
Conley v. Gibson355 U.S. 41, 45-46 (1957)
Amending Jurisdictional Facts
Ronald Reed sued a foreign tire manufacturer in North Carolina. The complaint alleged insufficient contacts for personal jurisdiction. Reed filed an amended complaint adding facts about the defendant's distribution network in the state. The amendment clarifies the basis for jurisdiction without requiring court permission.
Goodyear Dunlop Tires Operations, S.A. v. Brown564 U.S. 915, 919 (2011)
Common questions
Frequently Asked
4
When may a party amend its complaint once as a matter of course?+
A party may amend once as a matter of course within twenty-one days after serving the pleading or within twenty-one days after service of a responsive pleading or a motion under Rule 12(b), (e), or (f), whichever is earlier. The amendment requires no consent or leave of court during that window.
Supporting sources
Does removal to federal court reset the amendment-as-of-right period?+
No. The twenty-one-day period under Rule 15(a)(1)(A) runs from service of the original pleading regardless of removal. The period under Rule 15(a)(1)(B) may be measured from a state-court answer, but the earlier of the two deadlines controls.
Supporting sources
What happens after a party uses its one amendment as of right?+
Any further amendment requires the opposing party's written consent or leave of court. The court should freely grant leave when justice so requires, but the automatic right ends after the first timely amendment.
Supporting sources
How does Rule 15(c)(1)(C) determine whether an amendment changing a defendant relates back?+
Relation back occurs when the amendment asserts a claim arising from the same conduct or occurrence, the new party received notice within the Rule 4(m) period so it is not prejudiced, and the new party knew or should have known the action would have been brought against it but for a mistake in identity.
Supporting sources
417 U.S. 156 (1974)Civil Procedure
…need to amend the complaint and without the constraints which might exist if the complaint had earlier been amended pursuant to Rule 15 to include only the subclass. I agree with Professor Chafee that a class action serves not only the convenience of the parties but also prompt, efficient judicial administration.[^maj-23]…