Does the pleading amendment have to be considered in the context of the pleading before the court?
MultiRegion, United States of America
The following excerpt is from In re Tulare Local Healthcare Dist., Case No. 17-13797-B-9 (Bankr. E.D. Cal. 2021):
See also, Foman v. Davis, 371 U.S. 178, 182 (1962). So, even though pleading amendments are to be freely given "when justice requires," (Civ. Rule 15 (a) (2)) the court should engage in an analysis of the surrounding circumstances before deciding whether the amendment should be allowed.
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