Foman v. Davis
| Foman v. Davis | |
|---|---|
| Argued November 14, 1962 Decided December 3, 1962 | |
| Full case name | Lenore Foman v. Elvira A. Davis |
| Citations | 371 U.S. 178 (more) 83 S. Ct. 227; 9 L. Ed. 2d 222; 1962 U.S. LEXIS 65 |
| Case history | |
| Prior | Judgment affirmed and motions to vacate the judgment and amend the complaint denied by the First Circuit, 292 F.2d 85 (1st Cir. 1961); cert. granted, 368 U.S. 951 (1962) |
| Subsequent | Judgment reversed by the First Circuit, 316 F.2d 254 (1963) |
| Holding | |
| Rule 15(a) of the Federal Rules of Civil Procedure requires courts to grant a party leave to amend a pleading except in limited circumstances. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Goldberg, joined by Warren, Black, Douglas, Clark, Brennan, Stewart |
| Concur/dissent | Harlan, joined by White |
| Laws applied | |
| Fed. R. Civ. P. 15(a) | |
Foman v. Davis, 371 U.S. 178 (1962), was a case in which the Supreme Court of the United States interpreted Fed. R. Civ. P. 15(a) to require that federal courts grant a party leave to amend a pleading absent special circumstances such as bad faith or prejudice to the opposing party. It has been recognized by both other courts and secondary sources as a leading decision on the interpretation of Rule 15(a).