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Understand the process of amending pleadings in Federal Civil Procedure using this detailed flowchart. Determine key decision points regarding timing, consent, prejudice, relation-back, and more.
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Fed.R.Civ.P. 15 flowchart Henry H. Perritt, Jr.
Less than 21 days after service or answer or motion? Consent by opponent ? Prejudice to opponent? No No Amd’t No Yes Yes Yes No Amendment OK; go to next screen to
Go to next slide Limitationperiod expired? Statute permits Relation Back? Claim relates to transaction in original pldg? No No No Yes Yes Yes Newclaim dismissed because untimely Go to next slide
Go to next slide Should have known but for mistake? Notice within period for Service? New Party? Liability Asserted from Original transaction? No No Yes No Yes No Yes Yes Go to next slide New party dismissed because untimely
Claim upon which relief can Be granted? All essential parties? Subject-matter jurisdiction? Proceed to discovery Yes Yes Yes No No No Amended complaint dismissed