Amended and Supplemental Pleadings

(a) Amendments Before Trial. (1) Amendments as a Matter of Course. A party may amend the party’s pleading once as a matter of course: (A) at any time before a responsive pleading is served; or (B) if the pleading is one to which no responsive pleading is required and the action has not been set for trial, no later than 20 days after the pleading is served. (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) Form of Amendments. A party must file an amended pleading with the Court, even if the Court has granted a motion for leave to file the amended pleading. A party filing an amended pleading must also file a document indicating plainly how the amendment differs from the pleading that it amends. (4) Effect of an Amended Pleading on Other Parties’ Claims. An amended pleading has no effect on another party’s counterclaims, crossclaims, or third-party claims, which are preserved and do not need to be re- filed. (5) Time to Amend After Certain Motions and Consequence of Not Amending. (A) If a party wishes to amend the party’s complaint in response to a motion to dismiss under Rules 12(b)(6) or 23.1, the party must amend the party’s complaint—or seek leave to amend—either: (i) before the party’s response to the motion is due; or (ii) if the case has been transferred from another court, within 30 days after the transfer, even if the party responded to the motion in the other court. (B) If a party neither amends nor moves to amend by the time set forth in Rule 15(a)(5)(A), a dismissal under Rule 12(b)(6) or 23.1 will be with prejudice— but only as to the named party—unless the Court for good cause shown dismisses the complaint without prejudice. (6) Time to Respond to Amended Pleading. 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 10 days after service of the amended pleading, 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 freely permit an amended. The Court should 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 with the parties’ express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move—at any time, even after judgment—to amend the pleadings to conform to the evidence and to raise an unpled issue. But failure to amend does not affect the result of the trial of that issue. (c) Relation Back of Amendments. An amendment to a pleading relates back to the date of the original pleading when: (1) the law that provides the applicable statute of limitations allows relation back; (2) 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 (3) the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(2) is satisfied and, within 120 days of the filing of the complaint, or such additional time the Court allows for good cause shown, the party to be brought in by amendment: (A) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits; and (B) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party. (d) Supplemental Pleadings. On a motion, the Court may permit a party to serve a supplemental pleading setting out any transaction, occurrence or event that happened after to be supplemented. The Court may permit supplementation even though the original pleading is defective in stating a claim or defense. If the Court permits the supplemental pleading, the opposing party must respond within 10 days after service of the pleading. the pleading the date of History. Amended, effective June 1, 2001; Jan. 4, 2006, effective Feb. 1, 2006; Dec. 31, 2008, effective Mar. 2, 2009; Dec. 15, 2014, effective Jan. 1, 2015; May 31, 2024, effective June 14, 2024. Rule 16. Pretrial Procedure; Formulating Issues (a) In any action, the Court may in its discretion direct the attorneys for the parties, and any party not represented by an attorney, to appear before the Court in person for a conference or conferences before trial to consider: (1) The formulation and simplification of the issues including the elimination of claims or defenses; (2) The necessity or desirability of amendments to the pleadings; (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; (4) The advisability of a preliminary reference of issues to a Magistrate in Chancery; (5) Such other matters as may aid in the disposition of the action. (b) In any action that is to be tried, unless the Court otherwise directs, a pretrial conference shall be held on a date, no less than 7 days before the trial, fixed by the Court. Counsel (or parties not represented by an attorney) who will conduct the trial shall be present at the pretrial conference. No less than 3 days before the pretrial conference, counsel shall submit to the Court in duplicate, a pretrial order which shall meet the requirements of paragraph (c) of this Rule. Counsel shall confer in good faith effort to stipulate to the contents of the pretrial order. To the extent that counsel are unable to agree upon the contents of the pretrial order, each attorney (or party not represented by an attorney) shall submit to the Court a proposed pretrial order that shall indicate the areas of disagreement. (c) Except to the extent that the Court orders otherwise, all pretrial orders shall include the following information: (1) A statement of the nature of the action. (2) A statement of the facts which are admitted and required no proof. (3) A statement of the issues of fact and of law which any party contends remain to be litigated. (4) A statement of the relief sought by each party. (5) Any amendments of the pleadings desired by any party, with a statement as to whether it is unopposed or objected to, and if objected to, the grounds therefor. (6) A list of witnesses, including experts, who will be called by each party at the trial, and a statement of the testimony, if any, that will be adduced by transcript (or videotape) of depositions. (7) A description of any evidentiary issues that will require resolution, which shall include a listing of any exhibits which are objected to and the nature of the evidentiary objection, and an undertaking by counsel (or by parties not represented by an attorney) that insofar as is feasible before the trial commences, all trial exhibits will be premarked and will indicate whether they may be admitted into evidence without objection. (8) An estimate by each party to the action of the number of trial days that will be required. History. Amended, effective Nov. 1, 1987; effective July 18, 2023. TITLE IV. PARTIES