IL Bar Practice Questions - Illinois Bar Examination Exam

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In a federal civil action, a party seeks to add a new claim against an opposing party arising from the same transaction more than 21 days after serving its pleading and after a responsive pleading was filed. What is required to amend?

Amendment is automatic at any time before trial The party must file an entirely new lawsuit The party must obtain the opposing party's written consent or the court's leave, which should be freely given when justice so requires Amendment is never permitted after a responsive pleading

Correct Answer:

The party must obtain the opposing party's written consent or the court's leave, which should be freely given when justice so requires

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