RULE CR 15
AMENDED AND SUPPLEMENTAL PLEADINGS
(a) Amendments. A party may amend the party's pleading once
as a matter of course at any time before a responsive pleading is
served or, if the pleading is one to which no responsive pleading
is permitted and the action has not been placed upon the trial
calendar, the party may so amend it at any time within 20 days
after it is served. Otherwise, a party may amend the party's
pleading only by leave of court or by written consent of the
adverse party; and leave shall be freely given when justice so
requires. If a party moves to amend a pleading, a copy of the
proposed amended pleading, denominated "proposed" and unsigned,
shall be attached to the motion. If a motion to amend is
granted, the moving party shall thereafter file the amended
pleading and, pursuant to rule 5, serve a copy thereof on all
other parties. A party shall plead in response to an amended
pleading within the time remaining for response to the original
pleading or within 10 days after service of the amended pleading,
whichever period may be the longer, unless the court otherwise orders.
(b) Amendments To Conform to the Evidence. When issues not
raised by the pleadings are tried by express or implied consent
of the parties, they shall 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 to conform to the evidence and
to raise these issues may be made upon motion of any party at any
time, even after judgment; but failure so to amend does not
affect the result of the trial of these issues. 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 such
evidence would prejudice him in maintaining his action or defense
upon the merits. The court may grant a continuance to enable the
objecting party to meet such evidence.
(c) Relation Back of Amendments. Whenever the claim or
defense asserted in the amended pleading arose out of the
conduct, transaction, or occurrence set forth or attempted to be
set forth in the original pleading, the amendment relates back to
the date of the original pleading. An amendment changing the
party against whom a claim is asserted relates back if the
foregoing provision is satisfied and, within the period provided
by law for commencing the action against him, the party to be
brought in by amendment (1) has received such notice of the
institution of the action that he will not be prejudiced in
maintaining his defense on the merits, and (2) knew or should
have known that, but for a mistake concerning the identity of the
proper party, the action would have been brought against him.
(d) Supplemental Pleadings. Upon motion of a party the court
may, upon reasonable notice and upon such terms as are just,
permit him to serve a supplemental pleading setting forth
transactions or occurrences or events which have happened since
the date of the pleading sought to be supplemented. Permission
may be granted even though the original pleading is defective in
its statement of a claim for relief or defense. If the court
deems it advisable that the adverse party plead to the
supplemental pleading, it shall so order, specifying the time therefor.
(e) Interlineations. No amendments shall be made to any
pleading by erasing or adding words to the original on file,
without first obtaining leave of court.
[Adopted effective July 1, 1967; Amended effective September 1, 2005.]
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