Rule 3.1324. Amended pleadings and amendments to pleadings

(a) Contents of motion.

A motion to amend a pleading before trial must:

(1)  Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments;

(2)  State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and

(3)  State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.

(Subd (a) amended effective January 1, 2002.)

(b) Supporting declaration.

A separate declaration must accompany the motion and must specify:

(1)  The effect of the amendment;

(2)  Why the amendment is necessary and proper;

(3)  When the facts giving rise to the amended allegations were discovered; and

(4)  The reasons why the request for amendment was not made earlier.

(Subd (b) adopted effective January 1, 2002.)

(c) Form of amendment.

The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it.

(Subd (c) adopted effective January 1, 2002.)

(d) Requirements for amendment to a pleading.

An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court. All alterations must be initialed by the court or the clerk.

(Subd (d) amended and relettered effective January 1, 2002; adopted as subd (b).)

Rule 3.1324 renumbered effective January 1, 2007; adopted as rule 327 effective January 1, 1984; previously amended effective January 1, 2002.

Rules that reference this rule: N/A