A party may amend its pleading only with the court's permission or the opposing party's written consent. The Court may deem that counterclaim so amended pursuant to Rule 15(b), Federal Rules of Civil.Procedure, or Utah will file a Second Amended Counterclaim. (1) A motion must be in writing and state succinctly and with particularity the relief sought and the grounds for the relief sought. General stylistic clean up to improve clarity and readability. Clarifies a motion for attorney's fees should be separate from a Bill of Costs. Senator Kirk A. Cullimore proposes the following substitute bill: 1. It is within the court's discretion "to decline to engage in a futility analysis in the context of a motion to amend if the court determines the. 's ("Plaintiff") Motion for Leave to File First Amended Complaint. 2. Any affidavit supporting a motion must be served with the motion.