Sarah filed a complaint in federal court against TechCorp for patent infringement. After filing, she realizes that she omitted a key defendant who contributed to the infringement. During the discovery phase, Sarah seeks to amend her complaint to include the missing defendant. TechCorp objects, arguing that the amendment would unfairly delay the proceedings. What is the most likely outcome under the Federal Rules of Civil Procedure?
The court will deny Sarah's request because amendments are not permitted after the initial filing without mutual consent.
The court will allow Sarah to amend her complaint as long as it does not cause undue delay or prejudice to TechCorp.
The court will require Sarah to seek TechCorp's approval before amending her complaint.
The court will permit the amendment only if Sarah can prove that TechCorp was aware of the omission prior to filing.
Federal Rule of Civil Procedure 15(a) allows a party to amend its pleadings once as a matter of course and further amendments with the court's permission. The court will permit the amendment unless it causes undue delay or prejudice to the opposing party. In this scenario, unless TechCorp can demonstrate significant prejudice, the court is likely to grant Sarah’s amendment.
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Multistate Bar Examination
Civil Procedure
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