Monday, October 14, 2024

Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

(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underlining, strikeouts, or other similarly effective methods – how the amended pleading differs from the operative or superseded pleading must be attached as an exhibit to: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).