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Matthew Bender Practice Guide: Federal Pretrial Civil Procedure in California
Kendall, Seeborg, Shartsis, Smith
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

2-9 MB Practice Guide: Fed Pretrial Civ Proc in CA 9.syn


Amending and Supplementing Pleadings


Richard Kendall;Richard Seeborg;Mary Jo Shartsis;Fern M. Smith

Chapter Summary


A party may amend a pleading for many reasons, for example: to correct errors; to add facts discovered during the litigation; to add claims or defenses; or to add, substitute, or drop parties. A party may also amend its pleading after trial to conform the pleading to the evidence. Supplementation of a pleading, as opposed to amendment, is appropriate when a party wishes to plead events that have taken place after the date of the original pleading.

This chapter discusses amending and supplementing pleadings. Major topics discussed include: amending pleadings as a matter of course; amending pleadings with leave of court or consent of the opposing party; determining when an amendment relates back to the date of the original pleading; and amending pleadings to conform to the evidence. Sample forms include: notice of motion and motion for leave to file amended pleading, proposed order permitting amendment of pleading to conform to evidence, and notice of motion and motion for leave to file supplemental pleading.

Matthew Bender Practice Guide: Federal Pretrial Civil Procedure in California (Matthew Bender) guides attorneys through the pretrial process, from determining where to file a case to immediately before trial. It offers extensive coverage of local rules, checklists, forms, and cross-references to relevant content such as Moore's Federal Practice.


California,federal pretrial civil procedure,amended pleading,supplemental pleading


For a discussion of service and filing requirements see also Chapter 5 Formatting, Serving, and Filing Papers.


See California Federal Civil Rules with Local Practice Commentary (Matthew Bender) for analysis on the local rules for each of the four California federal district courts, as well as the Federal Rules of Civil Procedure.

See Moore's AnswerGuide Federal Pretrial Civil Litigation (Matthew Bender) for answers to basic questions about federal pretrial practice and procedure, from forum selection, through pleading, discovery, and pretrial motions.

See Federal Litigation Guide (Matthew Bender) for coverage of federal civil procedure from the filing of the complaint through trial and appeal.
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