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WA · rules

Wash. Civ. R. Cts. Ltd. Juris. 15

Amended and Supplemental Pleadings

activein force · 2022-09-01 – presentact-effective-date

(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. If a party moves to amend a pleading, a copy of the

proposed amended pleading, denominated “proposed” and unsigned, shall be attached to the

motion. If a motion to amend is granted, the moving party shall thereafter file the amended

pleading and, pursuant to rule 5, serve a copy thereof on all other parties. 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 or notice 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 the 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 that

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. 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 the period provided by law for commencing the action against

the original party, the party to be brought in by amendment (1) has received such notice of the

institution of the action that the new party will not be prejudiced in maintaining a 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 the new 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 that 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.

(e) Interlineations. No amendments shall be made to any pleading by erasing or adding

words to the original on file, without first obtaining leave of the court.

History

[Adopted effective September 1, 1984; Amended effective September 1, 2005; September 1, 2022.]

Provenance

Source
www.courts.wa.gov
Retrieved
2026-09-16
Edition
2026-09-16
Content hash
db05d0ef0f91be4b40a2d1c83ac6f9ca50de20c36594d0fa783c5a7dd09844af
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