District Court Rules

ORDER 45E

AMENDMENT

1 Court’s power to permit amendment

1. (1) The Court may, at any stage of civil proceedings:

(a) permit any party to alter or amend his or her statement of claim or pleading in the manner and on the terms the Court considers just;

(b) disallow any amendment already made; or

(c) amend any defect or error in any proceeding.

(2) All amendments must be permitted as are necessary for the purpose of determining the real questions in controversy between the parties.

[SI 17/14]

2 Manner of amendment

2. (1) A 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. Where necessary, extensive amendments may be set out on additional sheets of paper to be inserted into the pleading at a place indicated in the pleading.

(2) When an amendment has been made, the amended document must be indorsed as follows: ‘Amended on the _____________ day of _______________ 20.... pursuant to Order dated the ______ day of __________________ 20....’.

(3) All amendments must be underlined so as to distinguish the amendments from the original text.

[SI 17/14]

3 Clerical errors

3. (1) The Court may correct any clerical mistake in a judgment or order, or any error arising in a judgment or order from any accidental slip or omission, at any time on the application by notice of motion of the party seeking the correction on notice to the party sought to be affected by the correction.

(2) Notwithstanding sub-rule (1), on application in writing of any party, the Clerk assigned to the Court area concerned may with the approval of the Court, make such correction where each and every party affected consent in writing, each such consent to be lodged with the said Clerk.

(3) The Court may correct any clerical mistake in a warrant issued in civil proceedings, or any error arising in a warrant issued in civil proceedings from any accidental slip or omission, at any time before execution of the warrant on the application ex parte by the party seeking the correction.

[SI 598/14]

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