Short answer. No, not entirely. Section 8 of Rule 10 says the amended pleading supersedes the one it amends, but admissions in the superseded pleading may still be offered in evidence against the pleader, and any claims or defenses not carried into the amended pleading are deemed waived.
What the law says
An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be offered in evidence against the pleader, and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.
Rule 10, Section 8 — Effect of amended pleadings. Read the full provision →
The amended pleading takes over
Section 8 establishes the general rule: an amended pleading supersedes the pleading that it amends. Once an amendment is properly filed, the original pleading is no longer the operative document in the case — the amended version is what the case now proceeds on, and it is what the court and opposing party respond to going forward. Any motion to dismiss or answer directed at the original pleading loses its target once the amendment is filed, since there is no longer an original pleading pending for that responsive pleading to address; the opposing party must instead respond to the amended version.
Old admissions can still be used against you
Superseding the original pleading does not erase its evidentiary value entirely: admissions in superseded pleadings may be offered in evidence against the pleader. If the original complaint or answer contained a factual admission that the party later tried to walk back through amendment, that earlier admission is not simply wiped from existence — it can still be introduced as evidence against the party who made it, even though the pleading itself is no longer the controlling document. This is precisely why simply amending a pleading is not a reliable way to disown an earlier factual concession made in the case.
Dropped claims or defenses are deemed waived
The section also addresses what happens to content that simply isn't carried forward: claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived. If a party drops a claim or defense when amending — deliberately or by oversight — that dropped material is treated as waived rather than something the party can later revive by pointing back to the original, now-superseded pleading. This makes careful drafting of the amended pleading important: a party who wants to preserve every claim or defense already raised must make sure each one is carried into the new version, since silence on a point once pleaded operates against the pleader, not in the pleader's favor. An amendment intended only to add a new cause of action, for instance, should still restate the earlier claims and defenses the party wants to keep.
Related provisions
- Rule 10, Section 8 — Effect of amended pleadings
- Rule 10, Section 7 — Filing of amended pleadings
- Rule 10, Section 1 — Amendments in general