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. Md. Rule 2-341(a) (amended eff 7/1/07).
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. Md. Rule 2-341(b) (amended eff 7/1/07).
"Amendments shall be freely allowed when justice so permits." Md. Rule 2-341(c).
An amendment to a pleading may:
1. Change the nature of the action or defense;
2. Change any statement of facts;
Unless the court orders otherwise, a party filing an amended pleading also must file at the same time a "comparison copy" of the amended pleading showing deleted material by strike-through or enclosure in brackets, and showing new material with underline or bold face type. Md. Rule 2-341(e). (amended eff 12/4/07).
If an amended pleading is filed more than fifteen (15) days before trial, within fifteen (15) days after service of the amendment, any party may move to strike the amendment, setting forth reasons why the court should not permit the amendment. Md. Rule 2-341(a).
New or Additional Answer
If the amendment sets forth new facts or allegations, an adverse party who contests the added material must file a new or additional answer within fifteen (15) days after service of the amended pleading. If no new answer is filed, the previously filed answer will be treated as the answer to the amendment. Md. Rule 2-341(a).
In amended pleadings, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Md. Rule 1-301(a).
All requirements applicable to complaints apply to amended complaints. See Baltimore City SmartRules™ procedural guide: ANSWER.
See Baltimore City SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
See Baltimore City SmartRules™ procedural guide: FILING DOCUMENTS.
See Baltimore City SmartRules™ procedural guide: SERVICE OF PROCESS.
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