The process to amend a pleading depends on when the amendment takes place. If the amendment is made before the “close of pleadings,” the party making the amendment can proceed unilaterally, without asking for consent or permission. If the amendment is made after the close of pleadings, the written consent of the other party or leave of the Court is required.
A pleading is amended by filing with the Registry a copy of the amended pleading as follows:
- The title of the notice of appeal should indicate “Amended”.
- Words that are deleted should be struck out and words that are added should be underlined (e.g. “I purchased the
cartruck on March 17, 2012.”).
- The amended pleading should be dated, as well as indicate the date of the original pleading.
A party may respond to an amended pleading within the time remaining for responding to the original pleading or within 10 days after being served with the amended pleading, whichever period is longer.
A party can respond to an amended pleading with a response or by amending its pleading. If the party does not respond, it will be assumed to rely on its original pleading.
Last updated: October 4, 2015