Legal Question in Civil Litigation in Oregon

FRCP 15

(a) Amendments Before Trial.

(1) Amending as a Matter of Course. A party may amend its pleading once as a

matter of course within:

(A) 21 days after serving it, or

Q1. Does this mean that the defendant must be served with the original complaint before AMENDING it?

Q2. Can one file the AMENDED COMPLAINT prior to service?

Q3. Can one just serve the AMENDED COMPLAINT instead of the ORIGINAL COMPLAINT upon the defendant(s)?

Q4. Should the plaintiff serve the defendant any and all the AMENDMENTS.

Q5. Does the judge need to be provided a copy of every AMENDMENT?

Thanks for your help.


Asked on 9/06/12, 5:52 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Answers.

Q1. No.

Q2. Yes.

Q3. Yes.

Q4. All of the amendments have to be included in the one amended complaint. The amendments are not separate from one another. Yes, you have to serve it all on the defendant(s).

Q5. Same answer; there is only one amended complaint, and you have to provide the original to the court.

Note that you get only one amended complaint. After that, you need permission of the court to file another amended complaint. Note also there are complications, if your original complaint was filed just before the statute of limitations ran out.

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Answered on 9/06/12, 11:39 pm


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