![]() (ii) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's identity. (i) received such notice of the action that it will not be prejudiced in defending on the merits and (C) the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in by amendment: (B) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out-or attempted to be set out-in the original pleading or (A) the law that provides the applicable statute of limitations allows relation back An amendment to a pleading relates back to the date of the original pleading when: But failure to amend does not affect the result of the trial of that issue. A party may move-at any time, even after judgment-to amend the pleadings to conform them to the evidence and to raise an unpleaded issue. When an issue not raised by the pleadings is tried by the parties’ express or implied consent, it must be treated in all respects as if raised in the pleadings. The court may grant a continuance to enable the objecting party to meet the evidence. ![]() The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party's action or defense on the merits. ![]() If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. 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. The court should freely give leave when justice so requires. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. (B) 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. A party may amend its pleading once as a matter of course within:
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