Amendment after the time to respond has expired is proper only if there is no irreparable injustice.

Amendment after the time to respond has expired is proper only if there is no irreparable injustice.

• A. Irreparable injustice
• B. Hardship to plaintiff
• C. Lack of prejudice to defendant
• D. No irreparable injustice

Answer: (D)

The rule here focuses on avoiding irreparable harm to the other party when allowing a late amendment. If granting the amendment would cause an injustice that cannot be cured by later relief or damages—essentially, harm that money or later adjustments can’t fix—the court should not permit the amendment. Therefore the condition is that there be no irreparable injustice. If there would be such harm, the late amendment isn’t proper; if there wouldn’t be, leave to amend should be granted. While prejudice to the other party is related, the precise standard cited is the absence of irreparable injustice, which is why that option is the best fit.

The rule here focuses on avoiding irreparable harm to the other party when allowing a late amendment. If granting the amendment would cause an injustice that cannot be cured by later relief or damages—essentially, harm that money or later adjustments can’t fix—the court should not permit the amendment. Therefore the condition is that there be no irreparable injustice. If there would be such harm, the late amendment isn’t proper; if there wouldn’t be, leave to amend should be granted. While prejudice to the other party is related, the precise standard cited is the absence of irreparable injustice, which is why that option is the best fit.