Also known as: as a matter of course · matters of course
Written by attorneys · grounded in primary & secondary sources — see below
Routine practice or entitlement under applicable procedural rules allowing a party to take a specified step, such as amending a pleading or raising a defense, without first obtaining court leave or opposing-party consent.
Monica Morgan served her complaint on Meridian Motors on March 10. On March 25 she filed an amended complaint adding a new damages calculation and additional contract details. Because the filing occurred within twenty-one days of service, the amendment proceeded as a matter of course under the governing rule.
Melanie Morris faced trial in state court on felony charges. The court empaneled a six-person jury without requiring the defendant to show any special need. The smaller panel was assembled as a matter of course under the jurisdiction's established practice.
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Miguel Mendoza purchased a home subject to a racially restrictive covenant recorded decades earlier. The neighboring owners sought to enforce the covenant against him in state court. The trial court applied the covenant as a matter of course until higher review intervened.
Maria Morales requested an abortion at a Pennsylvania clinic. The clinic imposed a twenty-four-hour waiting period after providing state-mandated information. The requirement operated as a matter of course under the challenged statute.
Matthew Martinez purchased a used Buick whose defective wheel caused an accident. He sued the manufacturer despite lacking privity of contract. The court extended negligence liability to him as a matter of course under the emerging product-liability doctrine.
Megan Moore was convicted of a capital offense in federal court. The probation office prepared a presentence report detailing her background and criminal history. The report was generated as a matter of course for the sentencing judge's use.
A party may amend its pleading once as a matter of course no later than twenty-one days after serving it or, if a responsive pleading is required, no later than twenty-one days after service of the responsive pleading or a Rule 12 motion, whichever is earlier.
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No. When the timing requirements of Rule 15(a)(1) are satisfied, the amendment may be filed without leave of court or consent of the opposing party.
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The defense is waived under Rule 12(h)(1)(B) unless it was included in a responsive pleading or in an amendment allowed as a matter of course.
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Yes. The rule imposes no substantive limits on the content of the amendment during the twenty-one-day window. Only timing controls.
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…cases is clear. Because of the race or color of these petitioners they have been denied rights of ownership or occupancy enjoyed as a matter of course by other citizens of different race or color.[^maj-25] The Fourteenth Amendment declares “that all persons, whether colored or white, shall stand equal before the laws of the States, and,…