Issue: What is the standard for a motion to amend a complaint, under the Federal Rules of Civil Procedure?
| Area of Law: | Litigation & Procedure |
| Keywords: | Motion to amend a complaint; Standard for deciding |
| Jurisdiction: | Federal |
| Cited Cases: | 355 U.S. 41; 117 F.3d 242 |
| Cited Statutes: | Rule 15(a) of the Federal Rules of Civil Procedure; Rule 12(b)(6); |
| Date: | 07/01/2001 |
Rule 15(a) of the Federal Rules of Civil Procedure states that a motion to amend a complaint should be freely given when justice so requires. Courts have indicated that this rule “evinces a bias in favor of granting a leave to amend,” and further that a motion to amend may only be denied for a “substantial reason.” Dussouy v. Gulf Coast Inv. Corp., 660 F.2d 594, 597 (5th Cir. 1981). While a motion to amend may be denied where the proposed amended complaint cannot withstand a 12(b)(6) motion to dismiss, courts have indicated that this determination must be made “in the light most favorable to the plaintiff and with every doubt resolved in his behalf,” and may not be denied if “the complaint states any valid claim for relief.” Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498 (5th Cir. 2000) (internal quotations omitted) (quoting Lowrey v. Tex. A & M Univ. Sys., 117 F.3d 242, 247 (5th Cir. 1997)) (emphasis added). In other words, a court may not dismiss a complaint under Rule 12(b)(6) “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 (1957) (emphasis added). This is a very high standard indeed. However, such a standard makes sense since it preserves the ability of parties to bring suit without having to prove their entire case at the […]