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WHERE WE ARE

Learn about the rules and guidelines regarding pleading amendments, including when and how to amend, seeking leave of court, and obtaining written consent. Explore the scope of appellate review for motion to amend and how to argue from precedent. Enhance your skills in reading rules and distinguishing cases.

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WHERE WE ARE

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  1. WHERE WE ARE • Pleadings Complaint Answer 12(b) Motions Amended Pleadings Reply • Pre-Trial • Trial & Post-Trial • Appeal

  2. PLEADINGAmendments Amended Pleadings FR 15(a) When & How FR 15 (b) Conform to Evidence FR 15(c) Relation back

  3. READING RULESMAP-ing FR 15(a) • A party may amend the party’s pleading • once as a matter of course • at any time before • a responsive pleading is served • or

  4. READING RULESMAP-ing FR 15(a) • 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.

  5. READING RULESMAP-ing FR 15(a) • 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.

  6. READING RULESMAP-ing FR 15(a) • A party shall plead • in response to an amended pleading • within • the time remaining for response to the original pleading • or

  7. READING RULESMAP-ing FR 15(a) • within 10 days • after service of the amended pleading, • whichever may be the longer, • unless the court otherwise orders.

  8. READING RULESMAP-ing FR 15(a) • Ambiguities?

  9. AMENDMENTS TO PLEADINGS • Beeck v. Aquaslide, p. 470 • What is plaintiff’s strongest argument against amendment? • Why?

  10. AMENDMENTS TO PLEADINGSPrejudice • Beeck v. Aquaslide, p. 470 • How might plaintiff be prejudiced? • What led trial court to say plaintiff would not be prejudiced?

  11. AMENDMENTS TO PLEADINGSPrejudice • Beeck v. Aquaslide, p. 470 • Assume no bad faith by Beeck/Aqua-slide • Why should plaintiff bear brunt of confusion?

  12. SCOPE OF APPELLATE REVIEWMotion to Amend • Scope of review • denial of motion to amend • Basis for saying D.Ct. didn’t abuse its discretion?

  13. ARGUING FROM PRECEDENTDistinguishing Cases • p. 476, note 3b • Distinguish Zielinski?

  14. TAKEAWAYS • Black Letter Law (the “gist”) • One free bite at the apple early on • Then must get permission of court • Court should give permission freely

  15. PLEADINGAmendments FR 15(a) When & How 1x “As of right” Permission of court Written consent of Adverse party Before Responsive Pleading W/in 20 days no responsive pldg req’d Leave Freely given Justice so requires or +

  16. TAKEAWAYS • Skills: Reading Rules • Practice, practice, more practice • Arguing from Precedent • Slippery slopes & distinguishing cases

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