Commercial Litigation and Arbitration

Effective 12/1/09, Amendments to Pleadings Following Dismissal Motions Must Be Filed within 21 Days of Motion

Rule 15(a)(1)(B) will be amended as of December 1, 2009, to end the current ability of a party to amend a complaint at any time after dismissal motion has been filed. The amendment will be required within 21 days after service of a motion to dismiss, for a more definite statement or to strike.

Rule 15(a)(1)(B) — Amending Pleading After Dismissal Motion

(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:

(A) 21 days after serving it, 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 Rule 12(b), (e) or (f) [motions to dismiss, for a more definite statement, or to strike], whichever is earlier.

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