Rule 10. AMENDED AND SUPPLEMENTAL PLEADINGS Flashcards
What is policy on amendments?
A: Amendments to pleadings are favored and should be liberally allowed in order to
[a] determine every case as far as possible on its actual merits without regard to technicalities,
[b] speed up the trial of cases, and
[c] to prevent unnecessary expenses
When is an amendment a matter right of
A party may amend his pleading once as a matter of right before a responsive pleading is served. In the case of a reply, it may be amended at any time within ten (10) days after it is served.
INSTANCES WHEN AMENDMENT IS A MATTER OF RIGHT
- A complaint may be amended before an answer is served (regardless of whether a new cause of action or change in theory is introduced - may be substantial)
- An Answer may be amended before a reply is served upon a defendant 3. A Reply may be amended any time within ten (10) days after it is served. 4. Formal amendments
WHEN NEW SERVICE OF SUMMONS IS REQUIRED
: When defendants have not yet appeared in court ‘ ‘ and no summons has been validly served, new summons for the amended complaint must be served on them. It is not the change of cause of action that gives rise to the need to serve another summons for the amended complaint, but rather the acquisition of jurisdiction over the persons of the defendant.
AMENDMENTS BY LEAVE OF COURT
Leave of Court is required:
1. If the amendment is substantial; and
2. A responsive pleading had already been served.
WHEN AMENDMENT BY LEAVE OF COURT NOT ALLOWED
1.When the cause of action, defense or theory of the case is changed; 2.Amendment is intended to confer jurisdiction to the court; 3.Amendment to cure a premature or non-existing cause of action; and 4.Amendment for purposes of delay.
TEST TO DETERMINE WHETHER A DIFFERENT CAUSE OF ACTION IS INTRODUCED BY THE AMENDMENT
Whether the defendant shall be required to answer for a liability or legal obligation wholly different from that which was stated in the original complaint. An amendment will not be considered as stating a new cause of action if the facts alleged in the amended complaint show substantially the same wrong with respect to the same transaction, or if what are alleged refer to the same matter but are more fully and differently stated, or where averments which where implied are made in expressed terms, and the subject of the controversy or the liability sought to be enforced remains the same.
FORMAL AMENDMENT
• A defect in the designation of the parties and other clearly clerical or typographical errors.
•These types of errors may be summarily corrected by the court at any stage of the action provided no prejudice is caused thereby to the adverse party.
What are. SUPPLEMENTAL PLEADINGS
It is filed in court to set forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented.
• A supplemental pleading is only a continuation of the primary pleading as it only serves to bolster or add something to it.
• The adverse party may plead thereto within ten~ (10) days from notice of the order admitting the supplemental pleading. Thus, it is not mandatory for an answer to be filed to a supplemental complaint.
Amended pleading vs supplemental pleading
