What are the rules for amending pleadings?

The rules for amending pleadings in Indiana are outlined in various Indiana Supreme Court rules. The most important rule is Indiana Trial Rule 15, which states that a party can amend a pleading once without the consent of an adverse party. Further amendments may only be made with the written consent of the adverse party or by a court order. The amendment must not be unduly prejudicial to the adverse party’s real or substantial rights. When filing an amendment, parties must make sure that the amendment is timely. Civil Rule 6 states that pleadings can be amended as a matter of course up to 28 days after the filing of a responsive pleading or 21 days after a motion to dismiss is served. If the amendment is not filed within the said time period, it must be served at least 14 days before trial. When a party files an amendment, that party must include a copy of the pleading as amended in the record and serve the parties with a copy of the amendment. Amendments must also include a statement of why the amendment is being made. The amendment must be signed by the party making the amendment or their counsel and must include a certificate of service indicating that copies of the amendment have been served on other parties. Finally, if the amendment is intended to alter the admissibility of evidence, then the parties must also comply with Rule 24, which requires the parties to comply with the requirements of the Indiana Rules of Evidence.

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What are the rules for amending pleadings?

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