Motion Amended Complaint To With Leave Of Court
Description
How to fill out Motion For Leave To Amend Complaint To Conform To The Evidence?
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FAQ
ALTER-to change form or structure to. MODIFY-make partial changes to (something) to improve it. AMEND-make minor changes to (a text, piece of legistration) in order to make it more accurate.
An amendment to a pleading must be based on facts that occurred prior to the pleading being filed. But a supplemental pleading addresses situations or facts that arise after the pleading is filed.
Hence, the concept of amending pleadings steps in. 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.
On good cause shown and terms that are just, amendments to the pleadings will be permitted to introduce any party who ought to have been joined to the action, change the cause of action or defense or add new causes of action or defenses.
The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party's action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.