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 District of Maryland 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 District of Maryland 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
Case law authority requires that the caption of amended complaints contain the names of all the parties.
Unless otherwise ordered by the court, a party filing an amended pleading must file and serve both (1) a clean copy of the amended pleading and (2) a copy of the amended pleading in which deleted material has been crossed out or enclosed in brackets, and new material has been underlined or placed in bold type. D. Md. Civ. P. 103(6)(c) (amended eff 7/1/16)
Unless otherwise ordered by the court, only newly added exhibits may be attached to an amended pleading. If the amended pleading adds a new party, counsel must serve all exhibits referred to in the amended pleading on the new party. D. Md. Civ. P. 103(6)(b) (amended eff 7/1/16)
All requirements applicable to complaints apply to amended complaints. See District of Maryland SmartRules™ procedural guide: COMPLAINT.
FILING AND SERVICE
Unless otherwise ordered by the court, a party filing an amended pleading must file and serve both (1) a clean copy of the amended pleading and (2) a copy of the amended pleading in which deleted material has been crossed out or enclosed in brackets, and new material has been underlined or placed in bold type. D. Md. Civ. P. 103(6)(c) (amended eff 7/1/16)
Unless otherwise ordered by the court, only newly added exhibits may be attached to an amended pleading. If the amended pleading adds a new party, counsel must serve all exhibits referred to in the amended pleading on the new party. D. Md. Civ. P. 103(6)(b) (amended eff 7/1/16)
The court allows attorneys to open some civil cases electronically. MD D ECF Policies and Procedures Manual § IV.B.
Self-represented parties can electronically file documents through the court's Electronic Document Submission System. New cases must still be mailed or brought to the courthouse. Electronic Document Submission System (EDSS).
The motion and any opposition or reply, memorandum, and any exhibits or attachments must be filed electronically. D. Md. Civ. P. 105 (1)(a) (amended eff 7/1/21).
See District of Maryland SmartRules ™ procedural guide: FILING DOCUMENTS.
Excessively large documents, especially those that are scanned, may exceed the system’s per document capacity (30 megabytes). If you have a very large document (usually well over 100 pages in length*) that exceeds the system’s capacity, you must subdivide the document, appropriately identify each attachment (e.g., Exhibit A, Part 1; Exhibit A, Part 2, etc.), and file each document separately.
*The 100-page limit is approximate. Depending on the contents of the document, type of scanner, and software used, you may be able to electronically file longer documents. If your document exceeds 30 megabytes, the system will display an error message.
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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