Amended and Supplemental

(c) Relation Back of Amendments. Pleadings (a) Amendments Before Trial. (1) Amending as a Matter of Course. A party may amend its pleadings once as a matter of course no later than: (A) 21 days after service of the pleading; or (B) 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 RCFC 12(b), (e), or (f), whichever is earlier. (2) Other Amendments. In all other cases, 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. (3) Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after the amended pleading, service of whichever is later. (b) Amendments During and After Trial. (1) Based on an Objection at Trial. If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party’s action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence. (2) For Issues Tried by Consent. When an issue not raised by the pleadings is tried by implied consent, it must be treated in all respects as if raised in the pleadings. A party may move—at after judgment—to amend the pleadings to conform them to the evidence and to raise an unpleaded issue. But failure to amend does not affect the result of the trial of that issue. the parties’ express or time, even any (1) When an Amendment Relates Back. An amendment to a pleading relates back to the date of the original pleading when: (A) the law that provides the applicable statute of limitations allows relation back; (B) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out— or attempted to be set out—in the original pleading; or (C) the amendment changes the party or the naming of the party against whom a claim is asserted, if RCFC 15(c)(1)(B) is satisfied and if the in by to be brought party amendment: (i) the received such notice of action it will not be prejudiced in defending on the merits; and that (ii) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party’s identity. (2) Notice to the United States. [Not Used.] (d) Supplemental Pleadings. On motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading transaction, setting out any occurrence, or event that happened after the date of the pleading to be supplemented. The court may permit supplementation even though the original pleading is defective in stating a claim or defense. The court may order that the opposing party plead to the supplemental pleading within a specified time. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, Jan. 11, 2010, July 15, 2011, July 29, 2024.) Rules Committee Notes 2002 Revision Significant changes were made to FRCP 15 in 1991; minor changes were made in 1993. Most notable is the listing of criteria for relation back of amendments in subdivision (c). RCFC 15 was RCFC 15 26 the first, language conformed to the comparable FRCP, with two exceptions: in FRCP subdivision (c)(3), relating to the timing of an amendment changing the name of a party, was omitted as inapplicable; and second, language in subdivision (c) of the FRCP, relating to faulty service on federal officers, also was omitted. 2008 Amendment The language of RCFC 15 has been amended to conform to the general restyling of the FRCP. 2010 Amendment RCFC 15(a) has been amended in accordance with the corresponding changes to FRCP 15(a) that became effective December 1, 2009. 2011 Amendment RCFC 15(a)(1)(A) has been amended to clarify that the 21-day time period runs from the date of service of the pleading. 2024 Amendment RCFC 15(a)(1) has been amended in accordance with the corresponding change to FRCP 15(a)(1) that became effective December 1, 2023.