Circuit Court Rules

ORDER 65

AMENDMENTS

1. The Judge or the County Registrar as appropriate may, on such terms as he considers just, at any stage of the proceedings, allow any party to amend or alter his pleading or other document, or may disallow any amendment already made, or may amend any defect or error in any proceeding, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

2. Any pleading or other document may be amended by written alterations in the copy which has been served, and in the copy which has been filed, and by additions on paper to be interleaved therewith if necessary. Whenever any amendment has been made, the amended document shall be indorsed in manner following, viz: ‘Amended the day of …………………… pursuant to order ………………… dated the …….. day of ……………………..’ and all such amendments shall be underlined in red.

3. Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected without an appeal—

(a) where the parties consent, and with the approval of the Judge in the case of a judgment or order of the Court, by the County Registrar,

(i) on the application to the County Registrar in writing of any party, to which a letter of consent to the correction from each other party shall be attached or

(ii) on receipt by the County Registrar of letters of consent from each party; or

(b) where the parties do not consent, by the Court (in the case of a judgment or order of the Court), or by the County Registrar (in the case of an order of the County Registrar)

(i) on application made to the Court or, as the case may be, the County Registrar, by motion on notice to the other party or

(ii) on the listing of the proceeding before the Court by the County Registrar on notice to each party.

[SI 64/18]

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