RULES OF CIVIL PROCEDURE - Supreme Court

(D) Amendments where name of party unknown. When the plaintiff does notknow the name of a defendant, that defendant may be designated in a pleading or proceeding byany name and description. When the name is discovered, the pleading or proceeding must beamended accordingly. The plaintiff, in such case, must aver in the complaint the fact that hecould not discover the name. The summons must contain the words "name unknown," and a copythereof must be served personally upon the defendant.(E) Supplemental pleadings. Upon motion of a party the court may, upon reasonablenotice and upon such terms as are just, permit him to serve a supplemental pleading setting forthtransactions or occurrences or events which have happened since the date of the pleading soughtto be supplemented. Permission may be granted even though the original pleading is defective inits statement of a claim for relief or defense. If the court deems it advisable that the adverse partyplead to the supplemental pleading, it shall so order, specifying the time therefor.[Effective: July 1, 1970; July 1, 2013.]Staff Notes (July 1, 2013 Amendments)Rule 15(A) is amended to allow amendment without leave of court of a complaint, or otherpleading requiring a responsive pleading, for a period of 28 days after the service of a responsive pleadingor motion. Under the prior rule, amendment without leave of court was limited to pleadings not requiring aresponse or to which a required response had not been served.Rule 15(A) is also amended to limit amendment without leave of court of a complaint or otherpleading requiring a responsive pleading, to a period of 28 days after service of the pleading when aresponse has not been served. Under the prior rule, the time for amendment without leave of court underthose circumstances was not limited, and could be made at any time prior to service of a response.The 2013 changes to Civ.R. 15(A) are modeled on the 2009 amendments to Fed.R.Civ.P. 15(a)and made for the same reasons that prompted those amendments.