A party may amend its pleading once as a matter of course within no later than 21 days after serving it, or 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. FRCP 15 (a)(1) (amended eff 12/1/23) .
NEW RULE AMENDMENTS EFFECTIVE DECEMBER 1, 2023
Under amended FRCP 6 (a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6 (a)(1).
When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6 (a)(3).
A party may seek leave of court to amend a pleading at any time during the action. FRCP 15(a) and (b).
The court must set a cut-off date for the amendment of pleadings. FRCP 16(b)(3)(A) (amended eff 12/1/15)
If a complaint is amended before a responsive pleading is served, the amended complaint is simply filed with the court and served on all parties. FRCP 5 (a) and (d) (amended eff 12/1/18).
A party may also amend its complaint with written consent of the opposing party. FRCP 15 (a)(2).
To seek leave of court to amend a complaint based on stipulation, customarily, the parties execute a stipulation agreeing to the amendment of the complaint, then the amending party submits an ex parte application to the court, based on the stipulation, requesting leave to file the amended complaint. See Southern District of New York SmartRules™ procedural guide: EX PARTE APPLICATION.
After the expiration of the time to amend as a matter of course, 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. FRCP 15(a).
See Southern District of New York SmartRules™ procedural guide: MOTION FOR LEAVE TO AMEND PLEADING.
Leave may be sought to amend a complaint to conform to proof at trial. FRCP 15(b).
Form and Format of Papers
All requirements applicable to complaints apply to amended complaints. See Southern District of New York SmartRules™ procedural guide: COMPLAINT.
As to parties who have not yet appeared, all additional documents required to be served with a complaint must be served with an amended complaint. Please See Southern District of New York SmartRules™ procedural guide: COMPLAINT.
FILING AND SERVICE
All amended pleadings and amended complaints must be filed electronically. When filing, only select those parties the pleading is filed against. NY SD ECF Rule 15.1 .
If an order of the court is required to file the amended pleading, the signed order must be attached to the filing as an exhibit. NY SD ECF Rule 15.1 .
All documents required to be filed with the court must be filed electronically except as expressly provided and in exceptional circumstances.
The court is temporarily accepting email filings from self-represented parties without electronic filing privileges.
For detailed instructions and information regarding use of the ECF system, see Southern District of New York SmartRules ™ procedural guide: FILING DOCUMENTS.
Papers must be filed with the court, no later than a reasonable time after service. FRCP 5 (d) (amended eff 12/1/18).
The proof of service is only required if documents are not served by filing them with the court's electronic filing system. FRCP 5 (d)(1)(B) (amended eff 12/1/18).
A person who is represented by an attorney must file electronically. Unrepresented parties may file electronically only if allowed by court order or local rule. Unrepresented parties may be required by court order or by local rule to file electronically. FRCP 5 (d)(3) (amended eff 12/1/18).
An amended complaint shall be served on all parties to the action, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 5 (a) (amended eff 12/1/18). For service on numerous defendants see FRCP 5 (c) (amended eff 12/1/18).
Service may be made by personal delivery, mail, or delivering a copy by any other means, including electronic means, consented to in writing by the person served. FRCP 5 (b) (amended eff 12/1/18).
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