Motion for Leave to Amend in Iowa

What Is a Motion for Leave to Amend?

Understanding the Purpose and Significance of a Motion for Leave to Amend

“Our legal processes normally strive to resolve disputes on their merits.” (See MC Holdings, L.L.C. v. Davis Cnty. Bd. of Review, No. 11-1501, at *5 (Iowa May 3, 2013); Krueger v. Lynch (1951) 242 Iowa 772, 779, 48 N.W.2d 266, 270 [The Rules are to be liberally construed for the purpose of promoting the speedy determination of litigation upon its merits . . .].)

“Simply put, it is our preferred way. As a result, mistakes and inadvertence ordinarily do not become roadblocks to this goal. A party is usually permitted to correct mistakes when prejudice does not result.” (See MC Holdings, L.L.C. v. Davis Cnty. Bd. of Review, No. 11-1501, at *5 (Iowa May 3, 2013); Patten v. City of Waterloo (1977) 260 N.W.2d 840, 841[[T]echnical mistakes will not preclude an injured plaintiff from recovery, except where the correction of such mistakes would materially prejudice the rights of a defendant.].)

“Moreover, amendments to pleadings are freely permitted when prejudice does not result.” (See id; Iowa R. Civ. P. 1.402; M-Z Enters., Inc. v. Hawkeye-Sec. Ins. Co. (1982) 318 N.W.2d 408, 411.)

Rules for Filing a Motion for Leave to Amend

Rule 1.402 of the Iowa Rules of Civil Procedure governs amendments.

“A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is required and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served.” (See Iowa R. Civ. P. 1.402(4).)

“Otherwise, a party may amend a pleading only by leave of court or by written consent of the adverse party. Leave to amend, including leave to amend to conform to the proof, shall be freely given when justice so requires.” (See id.)

“All amendments must be on a separate paper, duly filed, without interlining or expunging prior pleadings. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.” (See Iowa R. Civ. P. 1.402(5).)

“An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against the party, the party to be brought in by amendment has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits, and knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.” (See id.)

Discretion of the Court in Deciding a Motion for Leave to Amend

“This court has universally held that the matter of permitting amendments rests in the sound discretion of the court, and that the ruling of the court will not be disturbed on appeal, unless there has been an abuse of discretion.” (See Cary-Platt v. Iowa Elec. Co. (1929) 207 Iowa 1052, 1057; Farmers Insurance Group v. Merryweather (1974) 214 N.W.2d 184, 188; University of Iowa Hospitals v. Waters (2004) 674 N.W.2d 92, 97 n.2.)

"A district court abuses its discretion when the grounds underlying a district court order are clearly untenable or unreasonable." (See Fenceroy v. Gelita USA, Inc. (2018) 908 N.W.2d 235, 241; Sioux Pharm, Inc. v. Eagle Labs., Inc. (2015) 865 N.W.2d 528, 535; Mediacom Iowa, L.L.C. v. Inc. City of Spencer (2004) 682 N.W.2d 62, 66.)

Legal Precedents and Case Law on a Motion for Leave to Amend

It is well settled that “amendments should be allowed as a general rule and denied only in exceptional cases. The timing of the request to amend is not the determinative factor; the determinative factor is whether the amendment substantially changes the issues such that it would surprise and prejudice the responding party.” (See Demery v. State (2015) 872 N.W.2d 198; Kitzinger v. Wesley Lumber Co. (1987) 419 N.W.2d 739, 741.)

As such, it is well settled that “allowance of an amendment is the rule, not the exception; however, an amendment on the eve of trial should be denied as untimely if it materially changes the issues involved.” (See Farmers Insurance Group v. Merryweather (1974) 214 N.W.2d 184, 188.)

Dockets for Motion for Leave to Amend in Iowa

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AMENDING A BIRTH CERTIFICATE M KOLLIE

Filed

May 13, 2024

Judge

Hon. FAMILY LAW #2

Court

District

County

Polk County, IA

Case #