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Home / Opinion Digests / Civil Procedure – Amended Answer – Defense Of Release – Rug Debt Guaranty (access required)

Civil Procedure – Amended Answer – Defense Of Release – Rug Debt Guaranty (access required)

The 4th Circuit upholds a district court’s refusal to allow a guarantor to amend his answer to a suit on a debt incurred in a rug consignment sale business, beyond the deadline for amending pleadings, to add the defense of release. There is tension within the Federal Rules between Rule 15(a) and Rule 16(b) amply illustrated ...