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Federal Rules of Civil Procedure (FRCP) QUESTION #5669
Question 1
In a diversity action, the plaintiff's complaint fails to allege the citizenship of the parties, only their residency. The defendant moves to dismiss for lack of subject-matter jurisdiction. Can the plaintiff amend the complaint to fix this under Rule 15?
  • No, because jurisdiction must be present at the time of filing and cannot be 'created' later.
  • Yes, Rule 15(a)(2) allows amendments with the court's leave, which should be 'freely' given when justice so requires.✔️
  • Yes, but only if the defendant consents in writing.
  • No, the case must be dismissed and refiled correctly.
Correct Answer Explanation
Defective allegations of jurisdiction may be amended. Rule 15(a)(2) provides that the court should freely give leave when justice so requires, and 28 U.S.C. § 1653 specifically allows amendments to jurisdictional allegations.