W.R.C.P.Ch.C. 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) 14 days after serving it, or

(B) if the pleading is one to which a responsive pleading is required, 14

days after service of a responsive pleading or 14 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 chancery court’s leave.

The chancery court should freely give leave when justice so requires.

(3) Time to Respond. Unless the chancery 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 chancery court may

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

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

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

prejudice that party’s action or defense on the merits. The chancery 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

initial pleading, the party to be brought in by amendment:

(i) received such notice of the action that it will not be 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 chancery

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 chancery court may permit supple-

mentation even though the original pleading is defective in stating a claim or

defense. The chancery court may order that the opposing party plead to the

supplemental pleading within a specified time.