Crucial Exams

Multistate Bar Examination Practice Question

During a civil lawsuit in federal court, the plaintiff files an amended complaint without obtaining prior permission from the court or the defendant. The defendant moves to strike the amended complaint, asserting that it was improperly filed. Which is the BEST conclusion based on the Federal Rules of Civil Procedure?

  • The amended complaint cannot proceed unless the defendant gave written consent before it was filed.

  • The amended complaint may be upheld if it was filed within 21 days after the defendant served its answer or a Rule 12 motion.

  • The amended complaint is improper without prior permission from the court or the opposing party.

  • The amended complaint is permissible if it adds claims based on events described in the original complaint.

Multistate Bar Examination
Civil Procedure
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