§15.4 Comparison with Federal Rule
| Jurisdiction | Washington |
§15.4 COMPARISON WITH FEDERAL RULE
CR 15 and FED. R. CIV. P.15 serve the same purpose and are in many ways substantively the same, but in 2009 the federal rule was amended and became procedurally different from the civil rule in the following ways:
The 2009 federal amendments eliminated the differing times for amendments as a matter of course when a responsive pleading is served as compared to when a responsive motion is served. The federal amendments established a single 21-day limit on amending a pleading as a matter of course regardless of whether the opposing party challenges the pleading by responsive pleading or by a rule 12 motion, and regardless of whether a responsive pleading is required.
The 2009 amendment to FED. R. CIV. P. 15(a) established that the right to amend once as a matter of course (i.e., without securing the opposing party's written consent and/or the court's leave) continues for 21 days after service of a motion under FED. R. CIV. P. 12(b), (e), or (f). As the committee notes explain, this gives the pleader an opportunity "to consider carefully and promptly the wisdom of amending to meet the arguments in the motion." FED. R. CIV. P. 15, Committee Notes on Rules—2009 Amendment.
Under the 2009 amendments to the federal rule, a party may amend once as a matter of course at any time during a 21-day period after service of a responsive pleading, and thus the right to amend is no longer terminated by service of a responsive pleading. However, as the committee notes point out, "The 21-day periods to amend once as a matter of course after service of a responsive pleading or after service of a designated motion are not cumulative. If a responsive pleading is served after one of the designated...
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