Amended Pleading

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An amended pleading is a revision of a pleading filed in an action. It is re-filed by the party who filed the original pleading and takes the place of the original pleading for all substantive purposes. After re-filing, any subsequent motion made by an opposing party is directed at the amended pleading.

A pleading is only considered amended insofar as it incorporates or responds to events occurring before the original pleading was filed. If an amended pleading incorporates or responds to events occurring after the original pleading is filed, the new pleading is considered to be supplemental, not amended.

Pleadings are amended for various reasons, including correcting facts, adding claims, adding affirmative defenses, or responding to a court's finding that a pleading is inadequate as a matter of law.

Rule 15 of the Federal Rules of Civil Procedure details the requirements and restrictions placed on amended pleadings.

[Last updated in June of 2021 by the Wex Definitions Team]