amended complaint

An amended complaint is a written revision of an original complaint filed by a plaintiff or petitioner . Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint “as a matter of course” once within 21 days of service of the original complaint. A pleading can also be amended within 21 days of service of a responsive pleading , a 12(b ) defense , a 12(e) motion for a more definite statement, or a 12(f) motion to strike , whichever is earliest.

In all other circumstances, the plaintiff must seek consent from the court or the defendant to amend the original complaint.

Rule 15 provides that the court should allow the plaintiff to amend the complaint when justice requires it. Once the defendant receives the amended complaint, they can send a responsive pleading .

Plaintiffs may choose to amend a complaint for numerous reasons, like adding additional claims , correcting errors, adding additional parties to the suit, including additional requests for relief , or clearing up inadequate claims.

[Last reviewed in March of 2025 by the Wex Definitions Team ]

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• THE LEGAL PROCESS
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