Motion for Leave to Amend in Montana

What Is a Motion for Leave to Amend?

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

“A party may amend its pleadings pursuant to Rule 15(a) of the Montana Rules of Civil Procedure.” (See Rule 15(a), M.R.Civ.P.; Loomis v. Luraski (2001) 306 Mont. 478, 486.)

“A party may amend its pleading by leave of court and leave shall be freely given when justice so requires.” (See id.)

“The rule has been interpreted liberally, allowing amendment of pleadings as the rule and denying leave to amend as the exception.” (See Priest v. Taylor (1987) 227 Mont. 370, 377-8, 740 P.2d 648, 653; Richland Nat'l Bank Trust v. Swenson (1991) 249 Mont. 410, 421.)

Rules for Filing a Motion for Leave to Amend

Rule 15 of the Montana Rules of Civil Procedure governs amended and supplemental pleadings.

“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.”

(See M.R. Civ. P. 15(a)(1).)

“In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.” (See M.R. Civ. P. 15(a)(2).)

“Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.” (See M.R. Civ. P. 15(a)(3).)

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

“This Court reviews a district court's denial of a motion to amend pleadings to determine if the district court abused its discretion.” (See Peuse v. Malkuch (1996) 275 Mont. 221, 226, 911 P.2d 1153, 1156; In re Thornton (2009) 353 Mont. 252, 255.)

“It is an abuse of discretion for the district court to refuse to permit amendments to pleadings which are offered at a reasonable time and which should be made in the furtherance of justice.” (See Village Bank v. Cloutier (1991), 249 Mont. 25, 28, 813 P.2d 971, 973; Loomis v. Luraski (2001) 306 Mont. 478, 486-87.)

“In the absence of any apparent or declared reason — such as 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 by virtue of allowance of the amendment, futility of amendment, etc. — the leave [to amend] sought should, as the rules require, be `freely given'." (See id; Prentice Lumber Co. v. Hukill (1972), 161 Mont. 8, 17, 504 P.2d 277, 282.

“The test for abuse of discretion is whether the trial court acted arbitrarily without employment of conscientious judgment or exceeded the bounds of reason resulting in substantial injustice." (See Ward v. Van Dyke (In re A.P.V.W.), (2022) MT 159, 5; Jarvenpaa v. Glacier Electric Co-op (1998) 292 Mont. 118, 121.)

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

It is well settled that "this Court has previously determined that leave to amend is properly denied when the amendment is futile or legally insufficient to support the requested relief. [A]lthough the merits of a proposed amended claim are generally not to be considered by the court, the merits of a claim are to be considered if the claim is frivolous, meritless, or futile." (See State ex rel. Skattum v. Motl (2016) MT 208, 2; Hickey v. Baker School District No. 12 (2002) 313 Mont. 162, 170.)

It also is well settled that “an opportunity to amend a pleading is not appropriate…when the party opposing the amendment would incur substantial prejudice as a result of the amendment.” (See In re Thornton (2009) 353 Mont. 252, 255-56.)

Dockets for Motion for Leave to Amend in Montana

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Opportunity Bank of Montana vs. Eversfield Melissa

Filed

Apr 26, 2024

Status

Active

Judge

Hon. Berger, Luke 👉 Discover key insights by exploring more analytics for Berger, Luke

Court

District

County

Madison County, MT

Case #