The rules of civil procedure or the code of civil procedure in state and federal courts usually permit a party to a civil lawsuit (a litigant) to amend its pleadings.

A plaintiff can amend the complaint or petition to assert new claims or causes of action before or during trial, subject to certain limitations—and the defendant can amend the answer to the lawsuit to assert new defenses to the plaintiff's claims before or during trial, subject to certain limitations.

In Idaho, as in other states, the rules of civil procedure allow litigants to amend their pleadings, which include complaints, petitions, and answers. According to the Idaho Rules of Civil Procedure (IRCP), a party may amend its pleading once as a matter of course within 21 days after serving it, or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. Beyond this, amendments require either consent from the opposing party or leave from the court, which the court should freely give when justice so requires. However, amendments may be denied if they cause undue delay, prejudice the opposing party, or are futile. At the federal level, the Federal Rules of Civil Procedure (FRCP) provide similar provisions for amending pleadings. Rule 15 of the FRCP allows one amendment as a matter of course within 21 days before a responsive pleading is required or if the pleading is one to which no responsive pleading is required, 21 days after the pleading is served. Further amendments require the opposing party's consent or the court's leave. The court should freely give leave when justice so requires, but considerations of undue delay, bad faith, or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party, and futility of the amendment are taken into account.