Civil Procedure – Feb 13.pptVIP

Civil Procedure – Feb. 13 Amendments Rule 14 review Rule 14 (impleader) looks to substantive law or actual contractual documents to see if party not already in the claim is or may be liable to the defendant for all or part of the plaintiff’s claim against the existing defendant. Amendments We are studying R. 15 at the end of our section on pleadings b/c it deals with amendments to pleadings. As a practical matter, amendment issues often arise during or after discovery. Why are parties most likely to seek leave to amend during/after discovery? Who can amend pleadings – plaintiff or defendant? Hypo  Defendant files a 12b6 motion. While that motion is pending, the plaintiff wants to amend her original complaint. What does she need to do to amend the original complaint? Anne Anderson sues W. R. Grace Beatrice. WR Grace answered but Beatrice got an extension and has not yet answered. Before Beatrice answers, Anderson wants to amend and add another negligence claim against Beatrice. What does she need to do to amend the original complaint and add this new claim? More hypos In Anderson v. Grace, both defendants file their answers. A week later, the plaintiffs realize that they have a potential additional negligence claim. What must they do in order to file an amended complaint with that new claim? In Anderson v. Grace, both defendants file their answers. A week after filing its answer, Grace realizes it omitted an affirmative defense. What must Grace do in order to file an amended answer. What if Grace realized it omitted the defense two months after it filed its Answer? Consent Rule 15(a)allows amendment w/out leave of court if your opponent consents (in writing). Why would you consent to opponent’s request to amend? Which pleading governs? In Anderson v. W.R. Grace et al, there was an original complaint, a first amended complaint and a second amended complaint. At the time of trial, the defendants seek to litigate an issue that was raised in the or