W.R.C.P. 15

(a) Amendments Before Trial. —

(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), whichever is earlier.

(2) Other Amendments. — In all other cases, a party may amend its

pleading only with the opposing party’s written consent or the court’s leave.

The court should freely give leave when justice so requires.

(3) Time to Respond. — Unless the court orders otherwise, any required

response to an amended pleading must be made within the time remaining

to respond to the original pleading or within 14 days after service of the

amended pleading, whichever is later.

(b) Amendments During and After Trial. —

(1) Based on an Objection at Trial. — If, at trial, a party objects that

evidence is not within the issues raised in the pleadings, the court may

permit the pleadings to be amended. The court should freely permit an

amendment when doing so will aid in presenting the merits and the

objecting party fails to satisfy the court that the evidence would prejudice

that party’s action or defense on the merits. The court may grant a

continuance to enable the objecting party to meet the evidence.

(2) For Issues Tried by Consent. — When an issue not raised by the

pleadings is tried by the parties’ express or implied consent, it must be

treated in all respects as if raised in the pleadings. A party may move — at

any time, even after judgment — to amend the pleadings to conform them to

the evidence and to raise an unpleaded issue. But failure to amend does not

affect the result of the trial of that issue.

(c) Relation Back of Amendments. —

(1) When an Amendment Relates Back. — An amendment to a pleading

relates back to the date of the original pleading when:

(A) the law that provides the applicable statute of limitations allows

relation back;

(B) the amendment asserts a claim or defense that arose out of the

conduct, transaction, or occurrence set out — or attempted to be set out —

in the original pleading; or

(C) the amendment changes the party or the naming of the party

against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and if,

within the period provided by Rule 4(w) for serving the summons and

complaint, the party to be brought in by amendment:

(i) received such notice of the action that it will notbe prejudiced in

defending on the merits; and

(ii) knew or should have known that the action would have been

brought against it, but for a mistake concerning the proper party’s

identity.

(2) Notice to the State. — When the State or a State officer or agency is

added as a defendant by amendment, the notice requirements of Rule

15(c)(1)(C)(i) and (ii) are satisfied if, during the stated period, process was

delivered or mailed to the Attorney General of the State or to the officer or

agency.

(d) Supplemental Pleadings. — On motion and reasonable notice, the court

may, on just terms, permit a party to serve a supplemental pleading setting out

any transaction, occurrence, or event that happened after the date of the

pleading to be supplemented. The court may permit supplementation even

though the original pleading is defective in stating a claim or defense. The

court may order that the opposing party plead to the supplemental pleading

within a specified time.