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 Nebraska, the rules governing the amendment of pleadings in civil lawsuits are outlined in the Nebraska Court Rules of Pleading in Civil Cases. Under these rules, parties are generally allowed to amend their pleadings, which includes a plaintiff amending a complaint or petition and a defendant amending an answer. Amendments can be made to assert new claims, causes of action, or defenses. The right to amend is subject to certain limitations, such as time constraints and the requirement that amendments not cause undue delay or prejudice to the other party. Amendments before trial are typically more freely granted, while those sought during trial may require a stronger showing of justification. Additionally, federal courts in Nebraska follow the Federal Rules of Civil Procedure, which also allow for the amendment of pleadings. Rule 15 of the Federal Rules of Civil Procedure provides that parties may amend their pleadings 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, parties must seek consent from the opposing party or leave from the court, which is to be freely given when justice so requires.