On Dec. 1, 2009, an amended version of Federal Rule of Civil Procedure 15(a)(1)(B) became effective. The amended Rule 15 allows a party to amend a pleading once as a matter of right 21 days after serving it, or “if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.”
After 21 days the right to amend as a matter of course is terminated but a party may move for leave of court to amend a pleading. The 21 day time limit does not restart if a party files a responsive pleading and then files a Rule 12 motion. The 21 day time limit begins with the earlier of the two.1
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