Also known as: Fed. R. Crim. P. 15 · FRCP 15 · Rule 15 · deposition rule · criminal deposition
Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule authorizing the taking of depositions in federal criminal cases to preserve testimony when a witness may be unavailable for trial.
Farah Fox filed a complaint against Fidelity Trust alleging breach of contract. After the Rule 4(m) period had nearly expired, she realized the proper defendant was Falcon Dynamics and filed an amended complaint substituting that entity. Falcon Dynamics had received the original complaint within the service window and understood the suit targeted it despite the naming error.
Felipe Figueroa sued Flagship Logistics and received a motion to dismiss for lack of personal jurisdiction. Flagship Logistics filed an answer that omitted the defense entirely. When Flagship Logistics later sought to raise the objection, the court treated it as waived because the company had not included the defense in its initial responsive pleading.
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A party may amend once as a matter of course within twenty-one days after serving the original pleading or within twenty-one days after service of a responsive pleading or qualifying Rule 12 motion, whichever is earlier.
The defendant must respond within the time remaining to answer the original pleading or within fourteen days after service of the amended pleading, whichever is later.
No. The rule permits only one amendment as of right. A second filing after the first amendment requires consent or leave of court even if still inside the original time period.
Yes. When a defendant files a qualifying Rule 12 motion instead of an answer, the plaintiff may amend once as of right within twenty-one days after service of that motion.