Cal. Rules of Court, rule 3.1324 · Article 1. Pleading and Venue Motions
Amended pleadings and amendments to pleadings
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Contents of motion
A motion to amend a pleading before trial must:
(1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments;
(2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and
(3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.
(b) Supporting declaration
A separate declaration must accompany the motion and must specify:
(1) The effect of the amendment;
(2) Why the amendment is necessary and proper;
(3) When the facts giving rise to the amended allegations were discovered; and
(4) The reasons why the request for amendment was not made earlier.
(c) Form of amendment
The court may deem a motion to file an amendment to a pleading to be a motion to file an amended pleading and require the filing of the entire previous pleading with the approved amendments incorporated into it.
(d) Requirements for amendment to a pleading
An amendment to a pleading must not be made by alterations on the face of a pleading except by permission of the court. All alterations must be initialed by the court or the clerk.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2002.)
(Subd (b) adopted effective January 1, 2002.)
(Subd (c) adopted effective January 1, 2002.)
(Subd (d) amended and relettered effective January 1, 2002; adopted as subd (b).)
Rule 3.1324 renumbered effective January 1, 2007; adopted as rule 327 effective January 1, 1984; previously amended effective January 1, 2002.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/three/rule3_1324
- Text hash
- sha256 6a1571892d471bb4e74ae13773c9cea2b4dfc788db48d11616b30babd302ed1b
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
BenchPath cards that rely on this text
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.