Rule 10- Amended and Supplemental Pleadings Flashcards
How are pleadings may be amended?
a.) by adding or striking out an allegation or the name of any party, or
b.)by correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect
When can a party may amend his pleading once as a matter of right?
before a responsive pleading is served
When can a party may amend his pleading in case of a reply?
At any time within ten days after it is served.
Except as provided in the next preceding section, substantial amendments may be made only upon __________.
leave of court
When can such leave of court may be refused?
If it appears to the court that it was made with the intent to delay.
Where are the orders of the court referring to leave of court be made?
Step 1: Upon motion filed in court
Step 2: notice to the adverse party
Step 3: opportunity to be heard
T or F: A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court AT ANY STAGE OF THE ACTION, at its initiative or on motion.
True, provided no prejudice is caused thereby to the adverse party.
What is the effect if the issues not raised by the pleadings are tried with the express or implied consent of the parties?
they shall be treated in all respects as if they had been raised in the pleadings.
T or F: Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even AFTER judgment.
True, but failure to amend does not affect the result of the trial of these issues.
May the court allow the pleadings to be amended if evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings?
Yes, the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made.
T or F: Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented.
True, the adverse party may plead thereto within ten (10) days from notice of the order admitting the supplemental pleading.
T or F: An amended pleading supersedes the pleading that it amends.
True, however, admissions in superseded pleadings may be received in evidence against the pleader; AND claims or defenses alleged therein, WHEN not incorporated in the amended shall be deemed waived.
