Motion for Leave to Amend in New York Supreme Court–At A Glance

Use this At A Glance Guide to learn the New York rules of civil procedure (New York Civil Practice Law and Rules and Uniform Rules) applicable to bringing a motion for leave to amend in the New York Supreme Courts. For more detailed information, including local rules, on bringing a motion for leave to amend in a specific New York Supreme Court, please see the SmartRules New York Supreme Court Motion for Leave to Amend Guide for the court where your action is pending.

Timing:

Each party is permitted to amend its pleading once without leave of court, provided such amendment is made within twenty days after service, or any time before the response period expires, or within twenty days after a response has been served. CPLR 3025(a).

A party may amend his pleading, or supplement it by setting forth additional or subsequent transactions or occurrences, at any time by leave of court or by stipulation of all parties. Leave shall be freely given upon such terms as may be just including the granting of costs and continuances. CPLR 3025(b).

Motion for Leave to Amend Rules:

The court may permit amendment of the pleadings before or after judgment, on such terms as may be just, in order to conform them to the evidence in the case. CPLR 3025(c).

Except where otherwise prescribed by law or order of the court, there shall be an answer or reply to an amended or supplemental pleading if an answer or reply is required to the pleading being amended or supplemented. Service of such an answer or reply shall be made within twenty days after service of the amended or supplemental pleading to which it responds. CPLR 3025(d).

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