Title 9, Chapter 10, Section 158
( 9-10-158)
When a pleading is amended, if the opposite party makes oath or his
counsel states in his place that he is surprised and not fully
prepared for trial because of the amendment, upon a showing of the
manner of unpreparedness and that surprise is not claimed for the
purpose of delay, the case may be continued and the continuance
charged to the amending party. |