Rule text
On sustaining a motion to dismiss a claim, counterclaim or cross-claim the court shall freely grant leave to amend and shall specify the time within which the amendment shall be made or amended pleading filed. If the amended pleading is not filed within the time allowed, final judgment of dismissal with prejudice shall be entered on motion except in cases of excusable neglect; in which cases amendment shall be made promptly by the party in default.
Notes
Committee Note - 1974
This is the same as prior Rule 67.05.
Compare: Rule 41(b) of the Federal Rules of Civil Procedure.
(Adopted January 19, 1973, effective September 1, 1973.)