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Saturday, February 4, 2023

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Hon. Marco A. Hernández, Chief Judge

Melissa Aubin, Clerk of Court

LR 15 - Amended and Supplemental Pleadings

(See Fed. R. Civ. P. 15)

LR 15-1 Amended and Supplemental Pleadings (See LR 10-1 and LR 10-2)

(a) General Requirements for Amended and Supplemental Pleadings

  1. The document title must comply with the following requirements, as applicable:
    1. Amended Pleading: The word AMENDED- and iteration number- must be included in the revised document title, e.g., THIRD AMENDED COMPLAINT.
    2. Supplemental Pleading: The word SUPPLEMENTAL must be included in a supplemental document title.
  2. A motion for leave to file an amended or supplemental pleading must describe the proposed changes.
  3. An amended or supplemental pleading may not incorporate by reference any part of the prior pleading, including exhibits.

(b) Exhibit Requirements for Amended Pleadings

A copy of the proposed amended or amended pleading that shows – through redlining, underlining, strikeouts, or other similarly effective methods – how the amended pleading differs from the operative or superseded pleading must be attached as an exhibit to:

  1. A motion for leave to file the amended pleading; or
  2. An amended pleading filed as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1) or with written consent of the opposing parties under Fed. R. Civ. P. 15(a)(2).

Self-represented persons who are in custody are exempted from the exhibit requirement.

(c) Filing the Amended Pleading After Order Granting the Motion to Amend

On entry of an order granting the motion to amend, the moving party must file and serve a complete clean copy of the amended pleading within 10 days.

(d) Amendments by Interlineation

Amendments by interlineation are allowed only by order of the Court.


Amendment History to LR 15
June 1, 2002
LR 15.1 Cross-reference to LR 10.2 is added, and the example has been modified.
June 1, 2006
LR 15-1(a) Format example modified. The word "number" added.
LR 15-1(d)(2) The word "submitted" substituted for "tendered."
LR 15-1(e) The word "the" added.
June 1, 2006
LR 15-1(c) Amended to remove requirement that party filing an amended or supplemental pleading without a motion must "describe the changes made."
June 15, 2011
LR 15-1(c) Clerical correction pursuant to Standing Order 2001-6: Added the omitted words "for leave to file."
March 1, 2014
LR 15-1 Removed the spaces surrounding the dashes.
LR 15-1(d)(2) Changed "Upon" to "On."
January 3, 2023
LR 15-1(a) Changed subsection title from "Amended Document Title" to "General Requirements for Amended and Supplemental Pleadings." Moved rule to new subsection LR 15-1(a)(1)(A).
LR 15-1(a)(1) Inserted new subsection: "The document title must comply with the following requirements, as applicable:"
LR 15-1(a)(1)(A) Inserted new subsection: "Amended Pleading:" and inserted former rule LR 15-1(a), "The word AMENDED – and iteration number – must be include in the revised document title, e.g." and inserted a comma followed by "THIRD AMENDED COMPLAINT."
LR 15-1(b) Deleted. Rule moved to new subsection LR 15-1(a)(1)(B).
LR 15-1(a)(1)(B) New subsection. Added, "Supplemental Pleading:" followed by former LR 15-1(b), "The word SUPPLEMENTAL must be included in a supplemental document title."
LR 15-1(c) Deleted.
LR 15-1(a)(2) New subsection. Inserted "A motion for leave to file an amended or supplemental pleading must describe the proposed changes."
LR 15-1(a)(3) New subsection. Inserted "An amended or supplemental pleading may not incorporate by reference any part of the prior pleading, including exhibits."
LR 15-1(d) Renumbered to LR 15-1(b).
LR 15-1(b)

New subsection number from LR 15-1(d). Amended subheading from "Exhibits to a Motion" to "Exhibit Requirements for Amended Pleadings:" and added "A copy of the proposed amended pleading or amended pleading that shows – through redlining, underlining, strikeouts, or other similarly effective methods – how the amended pleading differs from the operative or superseded pleading must be attached as an exhibit to" followed by a colon.

Following LR 15-1(b)(1) and (2), inserted "Self-represented persons who are in custody are exempted from the exhibit requirement."

LR 15-1(d)(1) Renumbered to LR 15-1(b)(1).
LR 15-1(b)(1) New subsection number from LR 15-1(d)(1). Deleted "copy of the proposed amended pleading must be attached as an exhibit to any" between "A" and "motion" and added a semicolon follow by "or" at the end of the sentence.
LR 15-1(d)(2) Renumbered to LR 15-1(b)(2).
LR 15-1(b)(2) Renumbered from LR 15-1(d)(2). Deleted "On entry of an order granting the motion, the original amended pleading must be submitted to the clerk for filing" and inserted "An amended pleading filed as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1) or with written consent of the opposing parties under Fed. R. Civ. P. 15(a)(2).
LR 15-1(d)(3) Deleted.
LR 15-1(c) New subsection and rule. Inserted subtitle "Filing the Amended Pleading After Order Granting the Motion to Amend," followed by "On entry of an order granting the motion to amend, the moving party must file and serve a complete clean copy of the amended pleading within 10 days."
LR 15-1(e) Renumbered to LR 15-1(d).

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers