Foman v. Davis, 371 U.S. 178 (1962). · Go Syfert
Foman v. Davis, 371 U.S. 178 (1962). Cases Citing This Book View Copy Cite
Quick Summary

Leave to amend a pleading must be freely given when the underlying facts may be a proper subject of relief and no justifying reason for denial exists.

After a district court dismissed a complaint for failure to state a claim, the plaintiff moved to vacate the judgment and amend the complaint to assert an alternative theory of recovery. The court of appeals dismissed the appeal, finding the notice of appeal ineffective due to technical defects. The Supreme Court holds that the Federal Rules of Civil Procedure prioritize decisions on the merits over technicalities. Furthermore, leave to amend a complaint must be freely given when justice requires, provided the underlying facts may be a proper subject of relief and no justifying reason for denial, such as bad faith or prejudice, exists.

39,551 citation events (27,601 in the last 25 years) across 272 distinct courts.
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Cited for
At page 182 Grant of leave to amend complaint under rule 15(a)10,747 citing cases“undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.”860 citing courts quote it · also cited as 83 S. Ct. at 230; 9 L. Ed. 2d at 226; 9 L. Ed. 2d at 230 · 283 listed here · 1 cautionary
  • United States v. Eugene H. Pinkney, 543 F.2d 908 (D.C. Cir. 1976).published Cited "but see" · 3 cites
    But see Foman v. Davis, 371 U.S. 178, 181, 182 , 83 S.Ct. 227, 230, 231 , 9 L.Ed.2d 222, 225, 226 (1962).
  • Allah, No. 7:25-cv-05657 (S.D.N.Y. Sept. 28, 2026).
    (If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.)
  • Tan, No. 3:26-cv-08522 (N.D. Cal. Sept. 25, 2026).
    ([W]hen the district court has already 20 afforded a plaintiff an opportunity to amend the complaint, it has wide discretion in granting or 21 refusing leave to amend after the first amendment, and only upon gross abuse…)
  • Chancey, No. 2:24-cv-02199 (D. Nev. Sept. 24, 2026).
    (The decision of whether to grant leave to 4 amend nevertheless remains within the discretion of the district court, which may deny leave to 5 amend due to ‘ . . . repeated failure to cure deficiencies by amendments pre…)
  • Adams, No. 7:24-cv-05147 (S.D.N.Y. Sept. 22, 2026).
    (In the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to…)
  • Lawson, No. 6:25-cv-00176 (E.D. Ky. Sept. 17, 2026). 2 cites
    (If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.)
  • Wheeler, No. 1:26-cv-00076 (S.D. Ga. Sept. 15, 2026).
    (Under . . . federal law, an amended complaint supersedes the initial complaint and becomes the operative pleading in the case.)
  • Looney v. Lisch, No. 26-10360 (5th Cir. Sept. 14, 2026).unpublished
    (It is within the district court’s discretion to deny a motion to amend if it is futile.)
  • HydraFacial LLC v. Aesthetic Mgmt. Partners, LLC, No. 2:24-cv-02480 (W.D. Tenn. Sept. 9, 2026).
    (In the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to…)
  • Spears, No. 3:26-cv-02385 (N.D. Cal. Sept. 8, 2026).
    ([W]hen the district court has already 7 afforded a plaintiff an opportunity to amend the complaint, it has wide discretion in granting or 8 refusing leave to amend after the first amendment, and only upon gross abuse w…)
Show 273 more citing cases
  • Mahfouz, No. 1:25-cv-00445 (D. Del. Sept. 4, 2026).
    ([L]eave to amend should be granted freely.)
  • WJM Home Care, LLC v. Home Instead, Inc., No. 8:25-cv-00654 (D. Neb. Sept. 2, 2026).
    (Freely given amendments . . . end once the district court enters judgment.)
  • Range Energy Inc. v. Hyliion Inc., No. 3:26-cv-02311 (N.D. Cal. Sept. 1, 2026).
    ([W]hen the district court has already 20 afforded a plaintiff an opportunity to amend the complaint, it has wide discretion in granting or 21 refusing leave to amend after the first amendment, and only upon gross abuse…)
  • Polischak, No. 3:25-cv-00306 (M.D. Pa. Sept. 1, 2026).
    (In the absence of any apparent or declared reason . . . the leave sought should, as the rules require, be ‘freely given.’)
  • Spencer, No. 7:25-cv-01502 (E.D.N.C. Aug. 25, 2026).
    (If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.)
  • David Angel Sifuentes III v. Adobe Inc., No. 5:26-cv-05563 (N.D. Cal. Aug. 24, 2026).
    (If no amendment would allow the complaint to withstand dismissal as a matter of law, 5 courts consider amendment futile.)
  • Gilmore, No. 5:26-cv-00080 (E.D.N.C. Aug. 19, 2026).
    (If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.)
  • G.M. v. Choice Hotels Int'l, Inc., No. 2:22-cv-03788 (S.D. Ohio Aug. 18, 2026).
    (Once a . . . deadline has passed, litigants must meet the higher threshold for modifying a scheduling order found in Rule 16(b).)
  • Agrawal, No. 5:26-cv-01400 (N.D. Cal. Aug. 14, 2026).
    (If no amendment 10 || would allow the complaint to withstand dismissal as a matter of law, courts consider amendment 11 futile.)
  • B.D.G., No. 2:22-cv-03202 (S.D. Ohio Aug. 14, 2026).
    (Once a . . . deadline has passed, litigants must meet the higher threshold for modifying a scheduling order found in Rule 16(b).)
  • Roe, No. 3:25-cv-02471 (S.D. Cal. Aug. 10, 2026).
    (The court considers five factors in assessing the 26 propriety of leave to amend—bad faith, undue delay, prejudice to the opposing party, 27 futility of amendment, and whether the plaintiff has previously amended the c…)
  • Dill, No. 2:25-cv-04491 (D. Ariz. Aug. 7, 2026).
    (In the absence of any apparent 9 or declared reason—such as undue delay, bad faith or dilatory motive on the part of the 10 movant, repeated failure to cure deficiencies by amendments previously allowed, undue 11 preju…)
  • RBR Global, LLC v. BFG 108, LLC, No. 1:25-cv-08381 (S.D.N.Y. Aug. 4, 2026).
    (Under the liberal mandate of Rule 15(a), a motion to amend should be denied only for such reasons as prejudice, bad faith and futility.)
  • Scott, No. 3:25-cv-09955 (N.D. Cal. July 23, 2026).
    ([W]hen the district court has already 11 afforded a plaintiff an opportunity to amend the complaint, it has wide discretion in granting or 12 refusing leave to amend after the first amendment, and only upon gross abuse…)
  • El, No. 3:26-cv-00371 (M.D. Ala. July 13, 2026). 2 cites
    (If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.)
  • Northwoods League, Inc. v. Kokomo Baseball, LLC, No. 0:25-cv-03345 (D. Minn. July 9, 2026).
    (A district court’s denial of leave to amend a complaint may be justified if the amendment would be futile.)
  • Betskoff, No. 1:25-cv-02306 (D. Md. July 1, 2026).
    (Leave to amend a pleading should be denied only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or the amendment would have been futile.)
  • Ricana, No. 5:25-cv-06389 (N.D. Cal. June 25, 2026).
    (Leave to 7 || amend may be denied if the proposed amendment is futile or would be subject to 8 dismissal.)
  • Gray, No. 3:24-cv-00384 (M.D. Ala. June 24, 2026). 2 cites
    (If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.)
  • Davidson, No. 2:21-cv-10748 (D.N.J. June 24, 2026).
    (In assessing futility, the district court applies the same standard of legal sufficiency as applies under Rule 12(b)(6).)
  • Delgosha, No. 3:26-cv-00287 (N.D. Cal. June 18, 2026).
    ([W]hen the district court has already 2 afforded a plaintiff an opportunity to amend the complaint, it has wide discretion in granting or 3 refusing leave to amend after the first amendment, and only upon gross abuse w…)
  • Salemi, No. 3:25-cv-02934 (S.D. Cal. June 17, 2026).
    ([L]eave to amend 18 ‘shall be freely given when justice so requires’; this mandate is to be heeded.)
  • Kelly Taylor v. Ochsner Clinic Found., No. 2:24-cv-01872 (E.D. La. June 10, 2026).
    (Denying a motion to amend is not an abuse of discretion if allowing an amendment would be futile.)
  • Faris, No. 3:22-cv-00023 (W.D. Ky. June 8, 2026).
    (allowing amendment after the close of discovery creates significant prejudice)
  • Neal, No. 5:25-cv-00229 (E.D. Ky. June 4, 2026).
    (The determination of whether. . . justice would require the allowance of an amendment to an answer is left to the sound discretion of the district court)
  • Won, No. 3:26-cv-03205 (N.D. Cal. June 1, 2026).
    ([W]hen the district court has already 7 afforded a plaintiff an opportunity to amend the complaint, it has wide discretion in granting or 8 refusing leave to amend after the first amendment, and only upon gross abuse w…)
  • Nyarko, No. 3:25-cv-00186 (W.D. Ky. May 27, 2026).
    (In the absence of any apparent or declared reason . . . the leave sought should, as the rules require, be ‘freely given.’)
  • Kort Christoffersen v. Nucor Corp., No. 4:25-cv-00118 (D. Utah May 18, 2026).
    ([J]ustice does not require Plaintiff[] to be allowed four bites at the apple.)
  • Belvac Prod. Mach., Inc. v. Adonis Acquisition Holdings LLC, No. 1:25-cv-00166 (D. Del. Apr. 2, 2026).
    ([L]eave to amend should be granted freely.)
  • Alrammah, No. 5:24-cv-00016 (W.D. Va. Mar. 30, 2026).
    (In the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to…)
  • Aguirre, No. 2:25-cv-00079 (D.N.M. Mar. 12, 2026).
    ([T]he grant or denial of an opportunity to amend is within the discretion of the District Court, but outright refusal to grant the leave without any justifying reason is . . . inconsistent with the spirit of the Federa…)
  • Raduano, No. 1:23-cv-00101 (D.R.I. Feb. 27, 2026).
    (A Rule 15(a) motion to amend pleadings is ordinarily granted freely.)
  • Knapp, No. 6:25-cv-00802 (N.D.N.Y. Feb. 26, 2026).
    (In the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to…)
  • Batista, No. 1:24-cv-02454 (D. Colo. Feb. 25, 2026).
    (the grant or denial of an opportunity to amend is within the discretion of the District Court)
  • Dusa Pharm., Inc. v. Biofrontera Inc., No. 3:23-cv-20601 (D.N.J. Feb. 18, 2026).
    (We have held that motions to amend pleadings [under Rule 15(a)] should be liberally granted.)
  • Cartwright, No. 2:24-cv-00376 (D. Utah Feb. 2, 2026).
    (In the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to…)
  • Balali, No. 3:25-cv-00144 (D. Conn. Jan. 30, 2026).
    ([A] motion for leave to amend a complaint may be denied when amendment would be futile.)
  • Akhmedov, No. 2:25-cv-13734 (D.N.J. Sept. 8, 2026).
  • Osifeso v. United States, No. 25-1597 (Fed. Cl. Aug. 18, 2026).unpublished
  • Zeigler, No. 1:26-cv-00203 (S.D. Ala. Aug. 19, 2026).
  • Zeevi v. United States Dep't of State, No. 2025-3854 (D.D.C. Aug. 21, 2026).published
  • Race, No. 3:25-cv-00034 (E.D. Tenn. Aug. 19, 2026).
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  • Pena, No. 1:26-cv-04475 (E.D. Cal. Sept. 14, 2026).
  • Bice, No. 1:26-cv-04643 (E.D. Cal. Sept. 14, 2026).
  • Tupy, No. 2:26-cv-00564 (E.D. Cal. Sept. 16, 2026).
  • Skewes-Cox v. Georgetown Univ. Law Ctr., No. 2025-2444 (D.D.C. Sept. 23, 2026).published
  • Newman, No. 1:25-cv-03246 (S.D.N.Y. Sept. 9, 2026).
  • Horton, No. 7:25-cv-06315 (S.D.N.Y. Sept. 9, 2026).
  • Suarez, No. 1:22-cv-10855 (S.D.N.Y. Sept. 11, 2026).
  • Milosavljevic, No. 1:25-cv-03490 (S.D.N.Y. Sept. 14, 2026).
  • Eannazzo, No. 7:25-cv-09585 (S.D.N.Y. Sept. 17, 2026).
  • McNeill, No. 1:25-cv-06786 (N.D. Ga. Sept. 23, 2026).
  • Allen, No. 3:25-cv-02806 (N.D. Tex. Sept. 22, 2026).
  • Ultra Marine Eur., S.R.O. v. Ultra Marine West, Inc., No. 1:26-cv-21899 (S.D. Fla. Sept. 23, 2026).
  • Belgravia Hartford Capital, Inc. v. Stinson, LLP, No. 1:25-cv-00119 (D.N.M. Sept. 23, 2026).
  • Canfield, No. 4:25-cv-00132 (S.D. Ga. Sept. 23, 2026).
  • Thomas, No. 2:25-cv-10524 (E.D. Mich. Sept. 23, 2026).
  • Brown, No. 2:26-cv-02180 (M.D. Fla. Sept. 23, 2026).
  • (PC)George, No. 1:21-cv-00319 (E.D. Cal. Sept. 23, 2026).
  • Espinosa, No. 2:26-cv-01741 (E.D. Cal. Sept. 23, 2026).
  • James v. Crosby, No. 2025-3025 (D.D.C. Sept. 24, 2026).published
  • Christine Hemenway v. Runamok Maple, LLC, No. 1:25-cv-00551 (D. Me. Sept. 24, 2026).
  • Louisiana Pain Specialists, LLC v. Ametros Fin. Corp., No. 3:25-cv-00391 (M.D. La. Sept. 24, 2026).
  • Barber, No. 2:25-cv-00671 (N.D. Ala. Sept. 24, 2026).
  • Avichal, No. 2:25-cv-00307 (E.D. Va. Sept. 24, 2026).
  • Rayshell S. Johnson v. Internal Affairs, No. 5:26-cv-01474 (N.D.N.Y. Sept. 23, 2026).
  • Leonard Johnson v. Town of Prosper, No. 4:23-cv-00650 (E.D. Tex. Sept. 24, 2026).
  • Gannaway, No. 4:24-cv-02115 (M.D. Pa. Sept. 24, 2026).
  • Hernandez, No. 1:25-cv-10603 (S.D.N.Y. Sept. 24, 2026).
  • Carroll, No. 3:25-cv-01671 (D. Conn. Sept. 25, 2026).
  • Skinner, No. 4:25-cv-00088 (W.D. Ky. Sept. 25, 2026).
  • Michelle Browning v. Nationstar Mortg. LLC, No. 1:25-cv-01591 (S.D. Ind. Sept. 25, 2026).
  • Ward, No. 3:22-cv-00250 (E.D. Ark. Sept. 25, 2026).
  • Hulse, No. 1:25-cv-02088 (E.D.N.Y. Sept. 25, 2026).
  • Tilton, No. 3:23-cv-00843 (N.D. Cal. Sept. 25, 2026).
  • Anthony Beil v. Greyhound Lines, Inc., No. 2:26-cv-08028 (C.D. Cal. Sept. 24, 2026).
  • Lopez, No. 2:26-cv-00230 (D. Nev. Sept. 24, 2026).
  • Gomez, No. 1:26-cv-02403 (E.D. Cal. Sept. 25, 2026).
  • Lacey, No. 2:25-cv-02847 (E.D. Cal. Sept. 25, 2026).
  • Stamperd, No. 2:24-cv-00731 (S.D. W. Va. Sept. 28, 2026).
  • Devalera, No. 4:24-cv-00262 (D. Idaho Sept. 28, 2026).
  • Int'l Wood Prods., LLC v. CLG Enter., No. 3:24-cv-00331 (D. Or. Sept. 28, 2026).
  • Parandhamaia, No. 1:25-cv-02349 (D. Md. Sept. 28, 2026).
  • Imani, No. 2:26-cv-00183 (E.D. Wash. Sept. 28, 2026).
  • Russell, No. 3:25-cv-00643 (N.D. Ohio Sept. 28, 2026).
  • DuraPlas, LP v. DiversiTech Corp., No. 3:25-cv-01310 (N.D. Tex. Sept. 28, 2026).
  • Counts, No. 3:25-cv-03104 (N.D. Tex. Sept. 28, 2026).
  • Wandrie, No. 2:25-cv-12238 (E.D. Mich. Sept. 28, 2026).
  • Harris, No. 1:26-cv-01121 (M.D. Pa. Sept. 3, 2026).
  • Anderson, No. 1:25-cv-01913 (W.D. Mich. Sept. 4, 2026).
  • Goss v. Cathey, No. 20-5031 (10th Cir. Jan. 12, 2021).unpublished
    “[O]utright refusal to grant the leave [to amend] without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion and inconsistent with the spirit of the Fe…”
  • Salim v. Nisselson (In re Big Apple Volkswagen, LLC), 571 B.R. 43 (S.D.N.Y. 2017).published
    “Rule 15(a) declares that leave to amend 'shall be freely given when justice so requires’; this mandate is to be heeded.”
  • González-Pérez v. Hosp. Interamericano De Medicina Avanzada (HIMA), 355 F.3d 1 (1st Cir. 2004).published
    “the grant or denial of an opportunity to amend is within the discretion of the District Court”
  • Speed v. United States, 97 Fed. Cl. 58 (Fed. Cl. 2011).published
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • Arthur Gould v. Brian Owens, 383 F. App'x 863 (11th Cir. 2010).unpublished
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • Abdulhaseeb v. Saffle, 65 F. App'x 667 (10th Cir. 2003).unpublished
    “Outright refusal to grant ... leave [to amend] without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion and inconsistent with the spirit of the Fede…”
  • Gonzalez-Perez v. Hosp. Interameric, 355 F.3d 1 (1st Cir. 2004).published
    “the grant or denial of an opportunity to amend is within the discretion of the District Court”
  • Wayne v. Vill. of Sebring, 36 F.3d 517 (6th Cir. 1994).published
    “The grant or denial of an opportunity to amend is within the discretion of the District Court, but outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discre…”
  • Island Green, LLC v. Carmen Querrard, 429 F. App'x 90 (3d Cir. 2011).unpublished
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper *93 subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • Arbaugh v. Bd. of Educ., 329 F. Supp. 2d 762 (W.D. Va. 2004).published
    “Rule 15(a) declares that leave to amend ‘shall be freely given when justice so requires’; this mandate is to be heeded.”
  • Levine v. Safeguard Health Enter., Inc., 32 F. App'x 276 (9th Cir. 2002).unpublished
    “[Ojutright refusal to grant the leave [to amend] without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion and inconsistent with the spirit of the Fe…”
  • Arandell Corp. v. Xcel Energy, Inc., 619 F. Supp. 2d 1062 (D. Nev. 2008).published
    “Rule 15(a) declares that leave to amend ‘shall be freely given when justice so requires’; this mandate is to be heeded.”
  • BNP Paribas Mortg. Corp. v. Bank of Am., N.A., 866 F. Supp. 2d 257 (S.D.N.Y. 2012).published
    “outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion”
  • Finley v. Kondaur Capital Corp., 909 F. Supp. 2d 969 (W.D. Tenn. 2012).published
    “[0]ut-right refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion.”
  • Herman v. Carbon Cnty., 248 F. App'x 442 (3d Cir. 2007).unpublished
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his *445 claim on the merits.”
  • Knopick v. UBS Fin. Servs., Inc., 121 F. Supp. 3d 444 (E.D. Pa. 2015).published
    “[T]he grant or denial of an opportunity to amend is within the discretion of the District Court ...”
  • United States v. Union Corp., 194 F.R.D. 223 (E.D. Pa. 2000).published
    “In the absence of any apparent or declared reason ... the leave sought should, as the rules require, be ‘freely given.’”
  • City of New York v. B.L. Jennings, Inc., 219 F.R.D. 255 (E.D.N.Y. 2004).published
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • Stephenson v. Dow Chem. Co., 220 F.R.D. 22 (E.D.N.Y. 2004).published
    “[T]he grant or denial of an opportunity to amend is within the discretion of the District Court....”
  • State Farm Mut. Auto. Ins. v. CPT Med. Servs., P.C., 246 F.R.D. 143 (E.D.N.Y. 2007).published
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • City of New York v. A-1 Jewelry & Pawn, Inc., 247 F.R.D. 296 (E.D.N.Y. 2007).published
    “The grant or denial of an opportunity to amend is within the discretion of the District Court____”
  • Thousand Island Park Corp. v. Welser, 314 F. Supp. 3d 391 (N.D.N.Y. 2018).published
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • Turpin v. Ray, 319 F. Supp. 3d 191 (D.C. Cir. 2018).published
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • Alta Wind I Owner Lessor C v. United States, 125 Fed. Cl. 8 (Fed. Cl. 2016).published
    “In the absence of any apparent or declared reason, such as undue delay, bad faith or dilatory motive on the part of the movant ... the leave sought to amend ... should, as the rules require, be freely given,”
  • Twin City Constr. Co. v. Turtle Mountain Band of Chippewa Indians ex rel. LaFromboise, 911 F.2d 137 (8th Cir. 1990).published
    “[T]he grant or denial of an opportunity to amend is within the discretion of the District Court, but outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of disc…”
  • Marcum v. Zimmer, 163 F.R.D. 250 (S.D. W. Va. 1995).published
    “Rule 15(a) declares that leave to amend ‘shall be freely given when justice so requires.’”
  • Greensleeves, Inc. v. Smiley, 942 A.2d 284 (R.I. 2007).published
    “The Federal Rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper deci…”
  • U.S. Bank v. Antigua Maint. Corp., No. 2:17-cv-01866 (D. Nev. July 30, 2019).
    “Rule 15(a) declares that leave 12 to amend ‘shall be freely given when justice so requires’; this mandate is to be heeded.”
  • Mahai Dutciuc v. Meritage Homes of Arizona, Inc, 462 F. App'x 658 (9th Cir. 2011).unpublished
    “In the absence of any apparent or declared reason — such as ... repeated failure to cure deficiencies by amendments previously allowed ... — the leave sought should, as the rules require, be ‘freely given’”
  • Universal Ent. Corp. v. Aruze Gaming Am., Inc., No. 2:19-cv-01657 (D. Nev. Nov. 18, 2022).
    “The Federal Rules reject the approach that pleading is a game of skill in which 7 one misstep by counsel may be decisive to the outcome and accept the principle that the purpose 8 of pleading is to facilitate a proper…”
  • McCart-Pollak v. On Demand Direct Response LLC, No. 2:20-cv-01624 (D. Nev. Feb. 9, 2023).
    “Rule 15(a) declares that leave to amend ‘shall be freely given when justice so 21 requires’; this mandate is to be heeded.”
  • Nicholas Webb v. Michael Frawley, 906 F.3d 569 (7th Cir. 2018).published
    “Rule 15(a) declares that leave to amend 'shall be freely given when justice so requires'; this mandate is to be heeded.”
  • Phoenix Solutions, Inc. v. Sony Elec., Inc., 637 F. Supp. 2d 683 (N.D. Cal. 2009).published
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • Cmty. Ass'n Underwriters of Am. v. Main Line Fire Prot. Corp., No. 7:18-cv-04273 (S.D.N.Y. Aug. 28, 2020).
    “The Federal Rules reject the approach that pleading is a game of skill in which one misstep ... may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on…”
  • Allen W. Rose v. Hartford Underwriters Ins. Co., 203 F.3d 417 (6th Cir. 2000).published
    “[An] outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion and inconsistent with the spirit of the Federal Ru…”
  • Kenneth A. Marshall v. Stanley Knight, 445 F.3d 965 (7th Cir. 2006).published
    “[O]ut-right refusal to grant the leave [to amend] without any justifying reason appearing for the denial is not an exercise of discretion; it is merely an abuse of that discretion and inconsistent with the spirit of th…”
  • Arbaugh v. Bd. of Educ., 329 F. Supp. 2d 762 (N.D. W. Va. 2004).published
    “Rule 15(a) declares that leave to amend `shall be freely given when justice so requires'; this mandate is to be heeded.”
  • Mantz v. Chain, 239 F. Supp. 2d 486 (D.N.J. 2002).published
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • Gulf Grp. Holdings, Inc. v. Coast Asset Mgmt. Corp., 516 F. Supp. 2d 1253 (S.D. Fla. 2007).published
    “The Federal Rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper deci…”
  • Edsall v. Assumption Coll., 367 F. Supp. 2d 72 (D. Mass. 2005).published
    “In the absence of any apparent or declared reason — such as ... futility of amendment, etc. — the leave sought should, as the rules require, be ‘freely given.’”
  • Deleo v. Rudin, 328 F. Supp. 2d 1106 (D. Nev. 2004).published
    “Rule 15(a) declares that leave to amend ‘shall be freely given when justice so requires’; this mandate is to be heeded.”
  • JPMorgan Chase Bank, N.A. v. KB Home, 740 F. Supp. 2d 1192 (D. Nev. 2010).published
    “Rule 15(a) declares that leave to amend ‘shall be freely given when justice so requires’; this mandate is to be heeded.”
  • Boorman v. Nevada Mem'l Cremation Soc'y, Inc., 772 F. Supp. 2d 1309 (D. Nev. 2011).published
    “Rule 15(a) declares that leave to amend ‘shall be freely given when justice so requires’; this mandate is to be heeded.”
  • Raley v. United States (MAG+), No. 2:23-cv-00552 (M.D. Ala. June 13, 2024).
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • McIntosh v. Ragland (MAG+), No. 2:23-cv-00470, 2024 WL 2946092 (M.D. Ala. June 11, 2024).
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • Trs. of the Operating Engineers Pension Trust v. Tab Contractors, Inc., 224 F. Supp. 2d 1272 (D. Nev. 2002).published
    “Rule 15(a) declares that leave to amend ‘shall be freely given when justice so requires’; this mandate is to be heeded.”
  • E. Moran, Inc. v. TomGal, LLC, No. 3:22-cv-01647 (D.P.R. Sept. 28, 2023).
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • Doe v. United States, 112 F. Supp. 2d 398 (D.N.J. 2000).published
    “[OJutright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion and inconsistent with the spirit of the Federal Rules…”
  • In re West. States Wholesale Nat. Gas Antitrust, 619 F. Supp. 2d 1062 (D. Nev. 2008).published
    “Rule 15(a) declares that leave to amend `shall be freely given when justice so requires'; this mandate is to be heeded.”
  • Lincoln Nat'l Life Ins. Co. v. Snyder, 722 F. Supp. 2d 546 (D. Del. 2010).published
    “In the absence of any apparent or declared reason — such as undue delay, bad faith or dilatory motive on the part of the movant ... the leave sought should, as [Rule 15] require[s], be ‘freely given.’”
  • Johnson v. Bryco Arms, 304 F. Supp. 2d 383 (E.D.N.Y. 2004).published
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
  • Barnes v. Dist. of Columbia, 42 F. Supp. 3d 111 (D.D.C. 2014).published
    “Rule 15(a) declares that leave to amend ‘shall be freely given when justice so requires.’”
  • Theresa DeGruy v. Tarence Wade, 586 F. App'x 652 (5th Cir. 2014).unpublished
    “[0]utright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion.”
  • Daniel Brink v. Cont'l Ins. Co., 787 F.3d 1120 (D.C. Cir. 2015).published
    “[0]utright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion and inconsistent with the spirit of the Federal Rules…”
  • Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160 (2d Cir. 2015).published
    “If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits.”
At page 181 Treating appeal defects liberally to reach merits270 citing cases“It is too late in the day and entirely contrary to the spirit of the Federal Rules of Civil Procedure for decisions on the merits to be avoided on the basis of such mere technicalities”12 citing courts quote it · also cited as 9 L. Ed. 2d at 225; 83 S. Ct. at 229 · 211 listed here · 1 cautionary
Show 201 more citing casesLoad the other 144
At page 183 Discussing motions to vacate and amend judgments31 citing cases“does not affect the finality of a judgment or suspend its operation”the opinion's own words at *183, quoted by 3 later opinions
Show 21 more citing casesLoad the other 17
At page 178 Reviewing oral agreement enforceability and appeal process9 citing casesa court may properly deny a request to amend for reasons such as “undue prejudice to the opposing party by virtue of allowance of the amendment [and] futility of amendment1 citing court put it this way · also cited as 83 S. Ct. at 227
At page 179 Granting leave to amend pleadings freely8 citing casesAs appears from the record, the amendment would have done no more than state an alternative theory for recovery.1 citing court put it this way
At page 180 Determining appeal scope when motion to vacate is pending6 citing casesstating that a lack of justifying reasons for the denial is considered an abuse of discretion1 citing court put it this way
At page 192 Denying leave to amend for various factors6 citing cases
9 L. Ed. 2d at 224 Granting leave to amend pleadings freely4 citing casesin absence of reasons, including futility of amendment, leave to amend should be freely given1 citing court put it this way
At page 184 Rules governing motions to amend or vacate judgment3 citing cases
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Foman
v.
Davis, Executrix
41.
Supreme Court of the United States.
Dec 3, 1962.
Published opinion
371 U.S. 178
1962 U.S. LEXIS 65
Milton Bordwin argued the cause and filed briefs for petitioner., Roland E. Shaine argued the cause for respondent. With him on the briefs was Richard R. Capíes.
Goldberg.
Cited by 16,724 opinions  |  Published
49 passages pin-cited by 82 cases
Pinpoint authority: #186 of 633,719
Citer courts: Ninth Circuit (27) · E.D. New York (22) · D. Nevada (21) · District of Columbia (16) · Third Circuit (13) · First Circuit (12) · S.D. New York (11)
Mr. Justice Goldberg

delivered the opinion of the Court.

Petitioner filed a complaint in the District Court alleging that, in exchange for petitioner’s promise to care for and support her mother, petitioner’s father had agreed not to make a will, thereby assuring petitioner of an intestate share of the father’s estate; it was further alleged that petitioner had fully performed her obligations under the oral agreement, but that contrary thereto the father had devised his property to respondent, his second wife and executrix. Petitioner sought recovery of what would have been her intestate share of the father’s estate. Respondent moved to dismiss the complaint on the ground that the oral agreement was unenforceable under the applicable state statute of frauds. Accepting respondent’s contention, the District Court entered judgment on December 19, 1960, dismissing petitioner’s complaint for failure to state a claim upon which relief might be granted. On December 20, 1960, petitioner filed motions to vacate the judgment and to amend the complaint to assert a right of recovery in quantum meruit for performance of the obligations which were the consideration for the assertedly unenforceable oral contract. On January 17, 1961, petitioner filed a notice of appeal from the judgment of December 19, 1960. On January 23, 1961, the District Court denied petitioner’s motions to vacate the judgment and to amend the complaint. On January 26, 1961, petitioner filed a notice of appeal from denial of the motions.

On appeal, the parties briefed and argued the merits of dismissal of the complaint and denial of petitioner’s[*180] motions by the District Court. Notwithstanding, the Court of Appeals of its own accord dismissed the appeal insofar as taken from the District Court judgment of December 19, 1960, and affirmed the orders of the District Court entered January 23, 1961. 292 F. 2d 85. This Court granted certiorari. 368 U. S. 951.

The Court of Appeals reasoned that in the absence of a specific designation of the provision of the Federal Rules of Civil Procedure under which the December 20, 1960, motion to vacate was filed, the motion would be treated as filed pursuant to Rule 59 (e), rather than under Rule 60 (b); [1] since, under Rule 73 (a), [2] a motion under Rule 59 suspends the running of time within which an appeal may be perfected, the first notice of appeal was treated as premature in view of the then pending motion to vacate and of no effect. The Court of Appeals held the second notice of appeal, filed January 26, 1961, ineffective to review the December 19, 1960, judgment dismissing the complaint because the notice failed to specify that the appeal was being taken from that judgment as well as[*181] from the orders denying the motions. Considering the second notice of appeal, therefore, only as an appeal from the denial by the District Court of the motions to vacate and amend, the Court of Appeals held that there was nothing in the record to show the circumstances which were before the District Court for consideration in ruling on those motions; consequently it regarded itself as precluded from finding any abuse of discretion in the refusal of the court below to allow amendment.

The Court of Appeals’ treatment of the motion to vacate as one under Rule 59 (e) was permissible, at least as an original matter, and we will accept that characterization here. Even if this made the first notice of appeal premature, we must nonetheless reverse for we believe the Court of Appeals to have been in error in so narrowly reading the second notice.

The defect in the second notice of appeal did not mislead or prejudice the respondent. With both notices of appeal before it (even granting the asserted ineffectiveness of the first), the Court of Appeals should have treated the appeal from the denial of the motions as an effective, although inept, attempt to appeal from the judgment sought to be vacated. Taking the two notices and the appeal papers together, petitioner’s intention to seek review of both the dismissal and the denial of the motions was manifest. Not only did both parties brief and argue the merits of the earlier judgment on appeal, but petitioner’s statement of points on which she intended to rely on appeal, submitted to both respondent and the court pursuant to rule, similarly demonstrated the intent to challenge the dismissal.

It is too late in the day and entirely contrary to the spirit of the Federal Rules of Civil Procedure for decisions on the merits to be avoided on the basis of such mere technicalities. “The Federal Rules reject the approach that pleading is a game of skill in which one misstep by[*182] counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits.” Conley v. Gibson, 355 U. S. 41, 48. The Rules themselves provide that they are to be construed “to secure the just, speedy, and inexpensive determination of every action.” Rule 1.

The Court of Appeals also erred in affirming the District Court’s denial of petitioner’s motion to vacate the judgment in order to allow amendment of the complaint. As appears from the record, the amendment would have done no more than state an alternative theory for recovery.

Rule 15 (a) declares that leave to amend “shall be freely given when justice so requires”; this mandate is to be heeded. See generally, 3 Moore, Federal Practice (2d ed. 1948), ¶¶ 15.08, 15.10. If the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits. In the absence of any apparent or declared reason — such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc. — the leave sought should, as the rules require, be “freely given.” Of course, the grant or denial of an opportunity to amend is within the discretion of the District Court, but outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion and inconsistent with the spirit of the Federal Rules.

The judgment is reversed and the cause is remanded to the Court of Appeals for further proceedings consistent with this opinion.

It is so ordered.

[*183] Separate memorandum of Mr. Justice Harlan, in which Mr. Justice White joins.

I agree with the Court as to the dismissal of petitioner’s appeal by the Court of Appeals. However, as to her motion to vacate the order of the District Court and for leave to amend the complaint, I believe such matters are best left with the Courts of Appeals, and I would dismiss the writ of certiorari, in that respect, as improvidently granted.

1

Rule 59(e) provides:

“A motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment.”

Rule 60 (b) provides in relevant part:

“On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reaspns: (1) mistake, inadvertence, surprise, or excusable neglect ... or (6) any other reason justifying relief from the operation of the judgment. ... A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. . . .”
2

Rule 73 (a) provides in relevant part:

“The running of the time for appeal is terminated by a timely motion made pursuant to any of the rules hereinafter enumerated, and the full time for appeal fixed in this subdivision commences to run and is to be computed from the entry of any of the following orders made upon a timely motion under such rules . . . granting or denying a motion under Rule 59 to alter or amend the judgment