Call Now For a Free Consultation 208-552-0467

Idaho Civil Rule 15: Amended and Supplemental PleadingsAfter an attorney files a pleading to begin a personal injury action, there are times when either a mistake has been made or new information is revealed. In this situation, attorneys can use Civil Rule 15 to either amend and supplement their pleadings. Idaho Civil Rule 15 states that a pleading can be amended by a matter of right within 21 days of serving. After that 21-day period, the party can only amend their pleading with either the court’s leave or the opposing party’s consent. If the pleading is amended, then the other party’s response must be made within 14 days.

Idaho Civil Rule 15 explains how to make amendments to a pleading during and after the trial. In short, the court can grant leave to amend the pleading if the circumstances give a reason for the court to grant leave to amend to ensure that all of the requirements to recover under a claim are fulfilled.

Lastly, the rule describes when an amendment relates back to the date of the original pleading. One notable time that this is allowed is when the amendment changes the name of the party in which the claim names. This allows for a mistaken identity to not cause the statute of limitations to be violated, as long as the original pleading was filed in time.

Brent Gordon Law Firm in Idaho Falls and Pocatello

When you’ve been injured in an accident, you need an experienced, trusted and aggressive personal injury attorney to handle your case.  Brent Gordon Law Firm believes every client deserves fair representation against big insurance companies with deep pockets. Call (208) 232-7274 now for a free consultation.

Idaho Civil Rule 15: Amended and Supplemental Pleadings

  1. Amendments before trial.
    • Amending as a matter of right. A party may amend its pleading once as a matter of right within:
      1. 21 days after serving it, or
      2. 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.
    • 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.
    • Time to respond.Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.
  2. Amendments during and after trial.
    • Based on an objection at trial. If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party’s action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.
    • For issues tried by consent. When an issue not raised by the pleadings is tried by the parties’ express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move, at any time, even after judgment, to amend the pleadings to conform them to the evidence and to raise an unpleaded issue. But failure to amend does not affect the result of the trial of that issue.
  3. Relation back of amendments.
    • When an amendment relates back. An amendment to a pleading relates back to the date of the original pleading when:
      1. the law that provides the applicable statute of limitations allows relation back;
      2. the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out, or attempted to be set out, in the original pleading; or
      3. the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(b)(2) for serving the summons and complaint, the party to be brought in by amendment:
        • received such notice of the action that it will not be prejudiced in defending on the merits; and
        • knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party’s identity.
  • Notice to the State. When the State of Idaho or any agency or officer of the State is added as a defendant by amendment, the notice requirements of Rule 15(c)(1)(C)(i) and (ii) are satisfied if, during the stated period, process was delivered or mailed to the Idaho attorney general or designee of the attorney general, or to the officer or agency.
  • Joining real party in interest. The relation back of an amendment joining or substituting a real party in interest is as provided in Rule 17(a).
  1. Supplemental pleadings. On motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented. The court may permit supplementation even though the original pleading is defective in stating a claim or defense. The court may order that the opposing party plead to the supplemental pleading within a specified time

Idaho Falls Law Office

Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467

 

Gordon Law Idaho Falls

Brent Gordon Law

Pocatello Law Office

Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation. 154 North Main St. Pocatello, ID 83204 Phone:(208) 232-7274

Gordon Law Pocatello

Brent Gordon Law