A motion for leave to amend a pleading is a formal request made by a party to a legal case, seeking the court's permission to change or add to a previously filed pleading, such as a complaint or answer. The motion typically includes the proposed changes or additions to the pleading and the reasons for the amendment. The court may grant or deny the motion based on various factors, such as whether the proposed amendments would unduly delay or prejudice the case, or whether the opposing party would be able to respond to the new allegations.
“Rule 15 of the Arkansas Rules of Civil Procedure encourages liberal amendments of pleadings.” (Neal v. Sparks Reg'l Med. Ctr., 2012 Ark. 328, at 12, 422 S.W.3d 116.) (continue reading)
“By Rule 15(a), Rules of Civil Procedure, 16 A.R.S., [l]eave to amend shall be freely given when justice requires.” (See Spitz v. Bache Company, Inc. (1979) 122 Ariz. 530…) (continue reading)
Under Civil Rules of Court, rule 3.1324(a), the moving party is required to submit a separate declaration explaining when the new alleged facts were discovered and why the request for amendment was not made earlier. The declaration must specify: (1) the effect of the amendment; (2) why the amendment is necessary and proper… (continue reading)
C.G.S.A. § 52-72, allows “proper amendment to civil process which is for any reason defective,” and provides that once such amended process is served, it “shall have the same effect . as if originally proper in form.” (See Presidential Village, LLC v. Phillips…) (continue reading)
“Rule 15(a) applies equally to plaintiffs and defendants for any purpose relating to the pleadings.” (See Mullen v. Alarmguard of Delmarva, Inc. (1993) 625 A.2d 258…) (continue reading)
Further, “all doubts should be resolved in favor of allowing the amendment and refusal to do so generally constitutes an abuse of discretion unless it clearly appears that: (1) allowing the amendment would prejudice the opposing party, (2) the privilege to amend has been abused, or… (continue reading)
“[W]here a party seeks to add a new party by amendment, OCGA § 9-11-21 requires the exercise of discretion by the trial court. ” (Shiver v. Norfolk-Southern Railway Company (1996) 220 Ga. App. 483…) (continue reading)
“Section 2-616(c) of the Code (735 ILCS 5/2-616(c) [West 2006]) provides: ‘A pleading may be amended at any time, before or after judgment, to conform the pleadings to the proofs, upon terms as to costs and continuance that may be just.’” Lewandowski v. Jelenski (2010) 401 Ill. App. 3d 893…) (continue reading)
“Trial Rule 15(A) provides that a party may amend its pleading by leave of court, and leave shall be given when justice so requires.” (See United of Omaha v. Hieber (1995) 653 N.E.2d 83…) (continue reading)
Whether filed pursuant to Mass.R.Civ.P. 15(a), 365 Mass. 761 (1974), or rule 15(b), “a motion to amend should be allowed unless some good reason appears for denying it.” (See Homed v. Fadili (1990) 408 Mass….) (continue reading)
“Minn. R. Civ. P. 15.01 provides that [a] party may amend a pleading once as a matter of course at any time before a responsive pleading is served . [o]therwise a party may amend a pleading only by leave of court or by written consent of the adverse party.” (See Sharkey v. City of Shoreview (2014) 853 N.W.2d 832…) (continue reading)
“Leave to amend pleadings shall be freely given when justice so requires.” (See Western Casualty & Surety Co. v. Kansas City Bank & Trust Co. (1988) 743 S.W.2d 578…) (continue reading)
“Rule 15 (a) declares that leave to amend shall be freely given when justice so requires.” (See Public Relations, Inc. v. Enterprises, Inc. (1978) 36 N.C. App. 673…) (continue reading)
It is well settled that “except as allowed by Rule 15(a)(1), a party may amend its pleading only with the opposing party's written consent or the court's leave.” (See Ihli v. Lazzaretto (2015) 864 N.W.2d 483…) (continue reading)
Under Rule 4:9-1,“[a] party may amend any pleading as a matter of course at any time before a responsive pleading is served. Any time after the responsive pleadings are filed, a party may amend a pleading only by written consent of the adverse party or by leave of court[.]” (See R. 4:9-1.) (continue reading)
The purpose of a motion to amend under Rule 15(a) “is to provide parties the opportunity to amend a claim that was filed when significant facts remained unknown so that the controversy will be decided on the merits of the case.” (Macias v. Jaramillo (2000) 129 N.M. 578…) (continue reading)
“After a responsive pleading is filed, a party may amend his or her pleading ‘only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.” (Kantor v. Kantor (2000) 116 Nev. 886…) (continue reading)
“A party may amend his or her pleading, or supplement it by setting forth additional or subsequent transactions or occurrences, at any time by leave of court or by stipulation of all parties.” (Civ. Prac. Law & Rules, § 3025(b).) (continue reading)
“[A] plaintiff must move to amend under Civ.R. 15(A) in a timely manner.”However, ‘[a]n attempt to amend a complaint following the filing of a motion for summary judgment raises the spectre of prejudice.’ Therefore, ‘plaintiffs should not be permitted to sit by for this period and bolster up their pleadings in answer to a motion for summary judgment.’” (Brown v. Firstenergy Corp. (2005) 159 Ohio App. 3d 696…) (continue reading)
“A pleading may be amended as of course only within twenty days after service of a copy of preliminary objections.” (Roberts v. Hous. Auth. of Pittsburgh, No. 1132 C.D. 2012, at *4 [Pa. Cmmw. Ct. Aug. 2, 2013] citing Rule 1028(c)(1) of the Pennsylvania Rules of Civil Procedure, Pa. R.C.P. No. 1028(c)(1). (continue reading)
“The final decision whether to allow or to deny an amendment rests within the sound discretion of the trial justice.” (See Mainella v. Staff Builders Indus. Serv., Inc. (1992) 608 A.2d 1141…) (continue reading)
Generally, a party may amend its pleadings up until seven days before trial unless the amended pleadings operate as a surprise to the opposing party. (Tex. R. Civ. P. 63.) A trial court has no discretion to refuse the amendment unless: (1) the opposing party presents evidence of surprise or prejudice; or… (continue reading)
It is well settled that “V.R.C.P. 15 directs the trial court to consider not whether the amendment raises a new cause of action but whether the just and expeditious disposition of the controversy between the parties will be advanced by permitting the amendment.” (See Perkins v. Windsor Hosp. Corp. (1982) 142 Vt. 305…) (continue reading)
“Under CR 15(a), leave to amend shall be freely given when justice so requires.” (See Tagliani v. Colwell (1973) 10 Wn. App. 227…) (continue reading)
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