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Letter A
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Amend

To change or modify a legal document, statute, or constitutional provision through a formal process.

Encyclopedia entry: Amend

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amend

To amend is to make a change by adding, subtracting, or substituting. For example, one can amend a statute , a contract , the United States Constitution , or a pleading  filed in a lawsuit. Generally, procedures dictate the way in which one amends a specific item. For instance, Article V  of the Constitution of the United States provides the procedures for amending the Constitution.

In the Federal Rules of Civil ProcedureRule 15  provides ways to amend a pleading . The purpose of Rule 15 is to prevent parties  from being bound by their first formulation of a pleading. They may have made a mistake  or obtained more information such that their initial pleading may need to be changed. Rule 15(a)(1) permits a party to amend their pleading during a certain period of time. Afterwards, unless the opposing party consents, the trial court  decides whether to allow the amendment. Courts consider various factors  when deciding whether to allow the amendment. For these factors, see Beeck v. Aquaslide ‘N’ Dive Corp

See also amended complaint  and amended pleading .

[Last reviewed in December of 2024 by the Wex Definitions Team
]

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.