Also known as: superseded pleadings · superseding pleading · amended pleading
Written by attorneys · grounded in primary & secondary sources — see below
An earlier version of a pleading replaced by an amended pleading in the same action. The superseded pleading may be offered against the filing party as evidence of a prior inconsistent statement or for impeachment.
Spencer Silver serves a complaint on Sterling Manufacturing alleging breach of contract. Sterling files an answer. Spencer later serves an amended complaint adding a fraud count based on newly discovered emails. The original complaint is now the superseded pleading. Sterling must serve its response to the amended complaint within fourteen days of service.
Santiago Sanchez sues Sterling Dynamics after a vehicle rollover. His original complaint alleges that driver intoxication proximately caused the accident. After Sanchez amends to drop that claim, Sterling Dynamics offers the superseded pleading at trial to impeach Sanchez. The court admits the document as a prior inconsistent statement by the plaintiff.
Select any source to read its text and confirm it supports the definition.
An original pleading becomes superseded once a party files and serves a proper amended pleading that replaces it in the same action. The amendment renders the prior version inoperative for most purposes going forward.
Supporting sources
Yes. Superseded pleadings are generally admissible against the filing party both as substantive evidence of a prior inconsistent statement and for impeachment. Courts admit the allegations even though the pleading has been replaced.
Supporting sources
Yes. Once an amended pleading is served, the opposing party must respond within the time remaining on the original schedule or within fourteen days after service of the amendment, whichever is later. The superseded pleading no longer controls the deadline.
Supporting sources
No. Even an unverified superseded pleading may be admitted if it contains statements attributable to the party. Lack of verification affects weight, not admissibility, provided the party had an opportunity to review or adopt the allegations.
Supporting sources
…of the vehicle. The action against the driver was dismissed prior to the trial of the previous action. Defendant urges that a superseded pleading is admissible both for purposes of impeachment and as substantive evidence of a prior inconsistent statement under sections 770 and 1235. However, the complaint in which the allegation was…