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Rule 2-341 – Amendment of Pleadings

May 13, 2021 | Civil Prodcedure, Maryland

(a) Without Leave of Court. A party may file an amendment to a pleading without leave of court by the date set forth in a scheduling order or, if there is no scheduling order, no later than 30 days before a scheduled trial date. Within 15 days after service of an amendment, any other party to the action may file a motion to strike setting forth reasons why the court should not allow the amendment. If an amendment introduces new facts or varies the case in a material respect, an adverse party who wishes to contest new facts or allegations shall file a new or additional answer to the amendment within the time remaining to answer the original pleading or within 15 days after service of the amendment, whichever is later. If no new or additional answer is filed within the time allowed, the answer previously filed shall be treated as the answer to the amendment.
(b) With Leave of Court. A party may file an amendment to a pleading after the dates set forth in section (a) of this Rule only with leave of court. If the amendment introduces new facts or varies the case in a material respect, the new facts or allegations shall be treated as having been denied by the adverse party. The court shall not grant a continuance or mistrial unless the ends of justice so require.

Committee note: The court may grant leave to amend the amount sought in a demand for a money judgment after a jury verdict is returned. See Falcinelli v. Cardascia, 339 Md. 414 (1995).

(c) Scope. An amendment may seek to (1) change the nature of the action or defense, (2) set forth a better statement of facts concerning any matter already raised in a pleading, (3) set forth transactions or events that have occurred since the filing of the pleading sought to be amended, (4) correct misnomer of a party, (5) correct misjoinder or nonjoinder of a party so long as one of the original plaintiffs and one of the original defendants remain as parties to the action, (6) add a party or parties, (7) make any other appropriate change. Amendments shall be freely allowed when justice so permits. Errors or defects in a pleading not corrected by an amendment shall be disregarded unless they affect the substantial rights of the parties.
(d) If New Party Added. If a new party is added by amendment, the amending party shall cause a summons and complaint, together with a copy of all pleadings, scheduling notices, court orders, and other papers previously filed in the action, to be served upon the new party.
(e) Highlighting of Amendments. Unless the court orders otherwise, a party filing an amended pleading also shall file at the same time a comparison copy of the amended pleading showing by lining through or enclosing in brackets material that has been stricken and by underlining or setting forth in bold-faced type new material.

Md. R. Civ. P. Cir. Ct. 2-341

This Rule is derived as follows:

Section (a) is derived in part from former Rule 320 and is in part new.

Section (b) is new and is derived in part from former Rule 320 e.

Section (c) is derived from sections a 2, 3, 4, b 1 and d 5 of former Rule 320 and former Rule 379.

Section (d) is new.

Section (e) is derived from the 2001 version of L.R. 103(6)(c) of the Rules of the United States District Court for the District of Maryland.

Adopted April 6, 1984, eff. July 1, 1984. Amended June 21, 1985, eff. Sept. 1, 1995; Feb. 10, 1998, eff. July 1, 1998; Nov. 8, 2005, eff. Jan. 1, 2006; May 8, 2007, eff. July 1, 2007; Dec. 4, 2007, eff. Jan. 1, 2008.

HISTORICAL NOTES

2005 Orders

The November 8, 2005, order added section (e), related to highlighting of amendments; and amended the source note.

2007 Orders

The May 8, 2007, order rewrote sections (a) and (b); and amended the committee note and the source note. Sections (a) and (b) previously read:

“(a) Prior to 15 Days of Trial Date. A party may file an amendment to a pleading at any time prior to 15 days of a scheduled trial date. Within 15 days after service of an amendment, any other party to the action may file a motion to strike setting forth reasons why the court should not allow the amendment. If an amendment introduces new facts or varies the case in a material respect, an adverse party who wishes to contest new facts or allegations shall file a new or additional answer to the amendment within the time remaining to answer the original pleading or within 15 days after service of the amendment, whichever is later. If no new or additional answer is filed within the time allowed, the answer previously filed shall be treated as the answer to the amendment.

“(b) Within 15 Days of Trial Date and Thereafter. Within 15 days of a scheduled trial date or after trial has commenced, a party may file an amendment to a pleading only by written consent of the adverse party or by leave of court. If the amendment introduces new facts or varies the case in a material respect, the new facts or allegations shall be treated as having been denied by the adverse party. The court shall not grant a continuance or mistrial unless the ends of justice so require.

The December 4, 2007, order, in section (e), added clarifying language.