Title 9, Chapter 11, Section 15
( 9-11-15)
(a) Amendments. A party may amend his pleading as a matter of course
and without leave of court at any time before the entry of a
pretrial order. Thereafter the party may amend his pleading only by
leave of court or by written consent of the adverse party. Leave
shall be freely given when justice so requires. A party may plead or
move in response to an amended pleading and, when required by an
order of the court, shall plead within 15 days after service of the
amended pleading, unless the court otherwise orders. (b) Amendments to conform to the evidence. When issues not raised by
the pleadings are tried by express or implied consent of the
parties, they shall be treated in all respects as if they had been
raised in the pleadings. 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; but failure so to amend does not affect the result
of the trial of these issues. If evidence is objected to at the
trial 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 freely when the presentation of the merits of the action will
be subserved thereby and the objecting party fails to satisfy the
court that the admission of the evidence would prejudice him in
maintaining his action or defense upon the merits. The court may
grant a continuance to enable the objecting party to meet the
evidence. (c) Relation back of amendments. Whenever the claim or defense
asserted in the amended pleading arises out of the conduct,
transaction, or occurrence set forth or attempted to be set forth in
the original pleading, the amendment relates back to the date of the
original pleading. An amendment changing the party against whom a
claim is asserted relates back to the date of the original pleadings
if the foregoing provisions are satisfied, and if within the period
provided by law for commencing the action against him the party to
be brought in by amendment (1) has received such notice of the
institution of the action that he will not be prejudiced in
maintaining his defense on the merits, and (2) knew or should have
known that, but for a mistake concerning the identity of the proper
party, the action would have been brought against him. (d) Supplemental pleadings. 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 or
occurrences or events which have happened since the date of the
pleading sought to be supplemented. Permission may be granted even
though the original pleading is defective in its statement of a
claim for relief or defense. If the court deems it advisable that
the adverse party plead to the supplemental pleading, it shall so
order, specifying the time therefor. |