Legislation
SECTION 3025
Amended and supplemental pleadings
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 30
Rule 3025. Amended and supplemental pleadings. (a) Amendments without
leave. A party may amend his pleading once without leave of court within
twenty days after its service, or at any time before the period for
responding to it expires, or within twenty days after service of a
pleading responding to it.
(b) Amendments and supplemental pleadings by leave. A party may amend
his or her pleading, or supplement it by setting forth additional or
subsequent transactions or occurrences, at any time by leave of court or
by stipulation of all parties. Leave shall be freely given upon such
terms as may be just including the granting of costs and continuances.
Any motion to amend or supplement pleadings shall be accompanied by the
proposed amended or supplemental pleading clearly showing the changes or
additions to be made to the pleading.
(c) Amendment to conform to the evidence. The court may permit
pleadings to be amended before or after judgment to conform them to the
evidence, upon such terms as may be just including the granting of costs
and continuances.
(d) Responses to amended or supplemental pleadings. Except where
otherwise prescribed by law or order of the court, there shall be an
answer or reply to an amended or supplemental pleading if an answer or
reply is required to the pleading being amended or supplemented. Service
of such an answer or reply shall be made within twenty days after
service of the amended or supplemental pleading to which it responds.
leave. A party may amend his pleading once without leave of court within
twenty days after its service, or at any time before the period for
responding to it expires, or within twenty days after service of a
pleading responding to it.
(b) Amendments and supplemental pleadings by leave. A party may amend
his or her pleading, or supplement it by setting forth additional or
subsequent transactions or occurrences, at any time by leave of court or
by stipulation of all parties. Leave shall be freely given upon such
terms as may be just including the granting of costs and continuances.
Any motion to amend or supplement pleadings shall be accompanied by the
proposed amended or supplemental pleading clearly showing the changes or
additions to be made to the pleading.
(c) Amendment to conform to the evidence. The court may permit
pleadings to be amended before or after judgment to conform them to the
evidence, upon such terms as may be just including the granting of costs
and continuances.
(d) Responses to amended or supplemental pleadings. Except where
otherwise prescribed by law or order of the court, there shall be an
answer or reply to an amended or supplemental pleading if an answer or
reply is required to the pleading being amended or supplemented. Service
of such an answer or reply shall be made within twenty days after
service of the amended or supplemental pleading to which it responds.