Rule 10

• How are amendments in general made?(ASCI)

  1. Adding or striking out an allegation or the name of any party

  2. Correcting a mistake in the name of a party

  3. Correcting a mistaken or inadequate allegation or description in any other respect

  
  

  So that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most expeditious and inexpensive manner
• When is an amendment a matter of right?

  • A party may amend his pleading once as a matter of right at any time BEFORE A RESPONSIVE PLEADING IS SERVED
  • In case of a reply, at anytime within 10 days after it is served
• Substantial amendments


  May be made without leave of court if the amendment is a matter of right
• When is an amendment required to be with leave of court?

  Except as provided in the next preceding section, substantial amendments may be made only upon leave of court

  
  

  Such leave may be refused if it appears to the court that the motion was made with intent to delay orders of the court upon matters provided in this section shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard
• What is a formal amendment? How can it be done?

  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, provided no prejudice is caused thereby to the adverse party
• What is the effect if the issues not raised in the pleadings are tried?

  When issues not raised by the pleading 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
• How is amendment made to conform to these issues?

  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
• Failure to amend does not affect the result of the trial of these issues
• What if the evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings?

  1. If the evidence is objected to on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the actions and the ends of the substantial justice will be subserved thereby

  2. The court may grant continuance to enable the amendment to be made
• How supplemental pleadings may be made?

  1. 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

  2. The adverse party may plead thereto within 10 days from notice of the order admitting the supplemental pleading
• How would you file an amended pleading?

  When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall be indicated by appropriate marks, shall be filed
• Effect of amended pleading

  • An amended pleading supersedes the pleading that it amends
  • Admissions in superseded pleadings may be received in evidence against the pleader
  • Claims or defences alleged therein not incorporated in the amended pleading shall be deemed waived