Pleadings and Motions
Pleadings
A party may amend once as a matter of course within a defined period, and thereafter with the opposing party's consent or the court's leave. The amended complaint supersedes the original entirely.
Leave is to be freely given when justice requires.
Alternative Names:
Amended Pleading (Complaint), First Amended Complaint
Why it Matters?
Supersession means the original pleading is no longer operative, so admissions and allegations in it are not binding as pleadings, though they remain available as evidentiary admissions in most jurisdictions. A defendant that answered the original must respond to the amendment. The amendment also resets which allegations the case addresses, which matters when a defendant has built a dispositive motion around the original claims.
Frequently Confused with
Related terms
Frequently asked questions
Does an amended complaint replace the original?
Must a defendant respond again?
