Civil Procedure—Adding a Party by Amendment

Robinson v. Smith, a case decided by the North Carolina Court of Appeals on March 20, 2012, addressed the relationship between rules 15, 20 and 21 of the North Carolina Rules of Civil Procedure.  In Robinson, the plaintiffs amended their complaint to add additional defendants, and the defendants moved to dismiss the amended complaint, arguing that rules 20 and 21 required leave of court and notice before an amendment adding a party is permitted.  The Court of Appeals held that rules 20 and 21 were not applicable in this case because the amendment under rule 15 took place before a responsive pleading had been filed.