ME · rules
M.R. Civ. P. 15
AMENDED AND SUPPLEMENTAL PLEADINGS
(a) Amendments. A party may amend the party’s 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, the party may so amend it at any time
within 20 days after it is served. Otherwise a party may amend the party’s
pleading only by leave of court or by written consent of the adverse party; and
leave shall be freely 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 10 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
the party in maintaining an 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. An amendment of a pleading relates
back to the date of the original pleading when
(1) relation back is permitted by the law that provides the statute
of limitations applicable to the action, or
(2) 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, or
(3) the amendment changes the party or the naming of the party
against whom a claim is asserted if the condition of paragraph (2) of this
subdivision is satisfied and, within the period provided by Rule 3 for service of
the summons and complaint, the party to be brought in by amendment (A) has
received such notice of the institution of the action that the party will not be
prejudiced in maintaining a defense on the merits, and (B) knew or should have
known that, but for a mistake concerning the identity of the proper party, the
action would have been brought against the party.
(d) Supplemental Pleadings. Upon motion of a party the court may, upon
reasonable notice and upon such terms as are just, permit the party 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.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
a986091c9b60394fc2d9e35ed2b5668c58f08fcb93c8700b0661202878ac5714
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