Legal Memorandum: Denial of Leave to Amend

Issue: UNDER THE FEDERAL RULES OF CIVIL PROCEDURE, IS DEMONSTRATION OF ACTUAL PREJUDICE SUFFICIENT TO JUSTIFY DENIAL OF LEAVE TO AMEND?

A trial court may justify refusing to grant leave to amend if the opposing party has shown actual and substantial prejudice resulting from the delayed pleading.   TA s "Zenith Radio Corp. v. Hazeltine Research, Inc., 401 " c 1 l "Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321 (1971)"Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 330 (1971).  However, the party opposing the amendment bears the burden of showing prejudice.  TA s "DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9" c 0DCD Programs, 833 F.2d at 187 (9th Cir. 1987).

Of course, it could plausibly be argued that any amendment to a pleading, to the extent it improves the pleading, is prejudicial to the opponent.  See generally, TA s "Peter J. Donnici, The Amendment of Pleadings – A Stu" c 2 l "Peter J. Donnici, The Amendment of Pleadings–A Study of the Operation of Judicial Discretionin the Federal Courts, 37 So. Cal. L. Rev. 529 (1964)"Peter J. Donnici, The Amendment of Pleadings – A Study of the Operation of Judicial Discretion in the Federal Courts, 37 So. Cal. L. Rev. at 534 (1964).  However, under the Federal Rules, minor forms of prejudice to the resisting party must yield to the clear policy of freely granting amendments to pleadings so that cases may be heard on the merits.   TA s "Peter J. Donnici, The Amendment of Pleadings – A Stu" c 2Id.  Therefore, only serious forms […]