A party may amend its pleading once as a matter of course within no later than 21 days after serving it, or 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 Rule 12(b), (e), or (f), whichever is earlier. FRCP 15 (a)(1) (amended eff 12/1/23) .
NEW RULE AMENDMENTS EFFECTIVE DECEMBER 1, 2023
Under amended FRCP 6 (a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6 (a)(1).
When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6 (a)(3).
A party may seek leave of court to amend a pleading at any time during the action. FRCP 15(a) and (b).
The court must set a cut-off date for the amendment of pleadings. FRCP 16(b)(3)(A) (amended eff 12/1/15)
If a complaint is amended before a responsive pleading is served, the amended complaint is simply filed with the court and served on all parties. FRCP 5 (a) and (d) (amended eff 12/1/18).
A party may also amend its complaint with written consent of the opposing party. FRCP 15 (a)(2).
To seek leave of court to amend a complaint based on stipulation, customarily, the parties execute a stipulation agreeing to the amendment of the complaint, then the amending party submits an ex parte application to the court, based on the stipulation, requesting leave to file the amended complaint. See District of New Jersey SmartRules™ procedural guide: EX PARTE APPLICATION.
After the expiration of the time to amend as a matter of course, 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. FRCP 15(a).
See District of New Jersey SmartRules™ procedural guide: MOTION FOR LEAVE TO AMEND PLEADING.
Leave may be sought to amend a complaint to conform to proof at trial. FRCP 15(b).
Form and Format of Papers
Case law authority requires that the caption of amended complaints contain the names of all the parties.
All requirements applicable to complaints apply to amended complaints. See District of New Jersey SmartRules™ procedural guide: COMPLAINT.
All cases will be entered into the court’s Electronic Case Filing (“ECF”) System. D.N.J. Civ. R. 5.2(2) (amended eff 4/3/14)
Mandatory and permissive exceptions to electronic filing are found at Civil Rule 5.2(11). A party may move for a permissive exception on the basis that the document cannot reasonably be scanned. D.N.J. Civ. R. 5.2(11) (amended eff 4/3/14)
For instructions on filing papers using the ECF system, See District of New Jersey SmartRules ™ procedural guide: FILING DOCUMENTS.
The Schedule of Fees for the District of New Jersey is available online.
An amended complaint must be served on all parties to the action, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 5 (a) (amended eff 12/1/18).
The proof of service is only required if documents are not served by filing them with the court's electronic filing system. FRCP 5 (d)(1)(B) (amended eff 12/1/18).
Service may be made by personal delivery, mail, or delivering a copy by mail or personal delivery, electronically to users registered with the court's electronic-filing system or by other electronic means consented to in writing. FRCP 5 (b) (amended eff 12/1/18).
As to any party who has not yet appeared in the action, the amended complaint and summons must be personally served. FRCP 4 (c) & (e) (amended eff 12/1/17).
Except in an emergency, no papers shall be left with or mailed to a Judge for filing, but all pleadings shall be filed with the Clerk of Court. D.N.J. Civ. R. 5.1 (c).
Except where otherwise provided by the Local Rules or the Federal Rules of Civil Procedure, proofs of service of all papers required or permitted to be served shall be filed in the Clerk's office promptly and, in any event, before action is taken thereon by the Court or the parties. D.N.J. Civ. R. 5.1 (b).
Method of Proof
The proof shall show the date and manner of service and may be
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