Civil Procedure Multistate Bar Practice Exam

What must a plaintiff do to amend their pleadings after serving the first Rule 12 response?

1. File a motion with the court

2. Serve an amended complaint within 21 days

3. Request permission from the judge

4. Notify the defendant and wait for a response

The correct answer is: Serve an amended complaint within 21 days

To amend pleadings after serving a Rule 12 response, a plaintiff typically has the option to serve an amended complaint as a matter of course within a specific timeframe. Under the Federal Rules of Civil Procedure, Rule 15(a)(1)(B) allows a party to amend its pleading as a matter of course within 21 days after serving it, or if the pleading is one to which a responsive pleading is required, it can be amended within 21 days after the service of that responsive pleading. In this scenario, since the plaintiff has already served their Rule 12 response (which would generally be a motion to dismiss or an answer), they would have the right to serve an amended complaint without needing to obtain permission from the court or the defendant, as long as they do so within the specified 21-day period. This promotes judicial efficiency by allowing parties to correct mistakes or address issues without the formality of filing a motion. The other options involve steps that are unnecessary for a plaintiff wishing to amend under the circumstances described. For example, filing a motion with the court or requesting permission from the judge would typically apply to situations beyond the initial 21-day window or specific types of amendments not allowed as a matter of course. Navigating these rules effectively