Ind. Trial Rule 15

Effective April 1, 2002

(A) Amendments.

A party may amend his pleading once as a matter of course at any time before a responsive

pleading is served or, if the pleading is one to which no responsive pleading is permitted, and

the action has not been placed upon the trial calendar, he may so amend it at any time within

thirty [30] days after it is served. Otherwise a party may amend his pleading only by leave of

court or by written consent of the adverse party; and leave shall be given when justice so

requires. A party shall plead in response to an amended pleading within the time remaining

for response to the original pleading or within twenty [20] days after service of the amended

pleading, whichever period may be the longer, unless the court otherwise orders.

(B) Amendments to conform to the evidence.

When issues not raised by the pleadings are tried by express or implied consent of the

parties, they shall be treated in all respects as if they had been raised in the pleadings. Such

amendment of the pleadings as may be necessary to cause them to conform to the evidence

and to raise these issues may be made upon motion of any party at any time, even after judgment, but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the

pleadings, the court may allow the pleadings to be amended and shall do so freely when the

presentation of the merits of the action will be subserved thereby and the objecting party

fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable

the objecting party to meet such evidence.

(C) Relation back of amendments.

Whenever the claim or defense asserted in the amended pleading arose out of the conduct,

transaction, or occurrence set forth or attempted to be set forth in the original pleading, the

amendment relates back to the date of the original pleading. An amendment changing the

party against whom a claim is asserted relates back if the foregoing provision is satisfied and,

within one hundred and twenty (120) days of commencement of the action, the party to be

brought in by amendment:

(1) has received such notice of the institution of the action that he will not be prejudiced in

maintaining his defense on the merits; and

(2) knew or should have known that but for a mistake concerning the identity of the

proper party, the action would have been brought against him.

The requirement of subsections (1) and (2) hereof with respect to a governmental organization to be brought into the action as defendant is satisfied:

(1) In the case of a state or governmental organization by delivery or mailing of process to

the attorney general or to a governmental executive [Rule 4.6(A)(3)]; or

(2) In the case of a local governmental organization, by delivery or mailing of process to its

attorney as provided by statute, to a governmental executive thereof [Rule 4.6(A)(4)], or to

the officer holding the office if suit is against the officer or an office.

(D) Supplemental pleadings.

Upon motion of a party the court may, upon reasonable notice and upon such terms as are

just, permit him to serve a supplemental pleading setting forth transactions or occurrences

or events which have happened since the date of the pleading sought to be supplemented.

Permission may be granted even though the original pleading is defective in its statement of

a claim for relief or defense. If the court deems it advisable that the adverse party plead to

the supplemental pleading, it shall so order, specifying the time therefor.