Granting or denying a party's motion is generally within a trial court's sound discretion, and the court may refuse to hear a motion which is repetitive or is made for an improper purpose such as harassment, unnecessary delay, or to increase in the cost of litigation.
Amend Court Order Without
State:
Multi-State
Control #:
US-01062BG
Format:
Word;
Rich Text
Instant download
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How to fill out Motion To Amend A Previous Motion And Notice Of Motion?
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FAQ
In case, the time limit is not specified, it is presumed that within 14 days from the date of order, the amendment is to be made. If the party has not made any such amendments within the time, he shall not be permitted to amend after the expiry of the specified time unless the court extends the time.
If you have obtained an enforceable court order and there is a clear breach of the court order, the breaching party may be committing a criminal offence (sometimes known as being in ?contempt of court?). This may lead to police action, prosecution, fines, or imprisonment.
If the first condition is satisfied that the amendment is necessary to decide the ?real controversy? between the parties, the amendment should be allowed. In other words, if there is no necessity to decide the ?real controversy? between the parties, the amendment should not be allowed.
Order VI Rule 17 of the CPC grants permission to the parties to the case to amend their pleadings at any stage of the proceedings. The proviso under this rule says that after the trial has commenced, an application for amendment shall not be allowed.
The Court also held that the powers conferred on the Courts under Order 6 Rule 17 are wide enough and grant unfettered discretion to the Courts to allow an amendment to the written statements at any stage of the proceedings.