Superior Court Rules

ORDER 28

AMENDMENT

1. The court may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings in such manner and on such terms as may be just, 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. The plaintiff may, without any leave, amend his statement of claim, whether indorsed on the summons or not, once at any time before the expiration of the time limited for reply, and before replying or, where no defence is delivered, at any time before the expiration of four weeks from the appearance of the defendant who shall have last appeared.

3. A defendant who has set up any counterclaim or set-off may without any leave, amend such counterclaim or set-off at any time within six days from the delivery of the reply or the expiration of the time allowed for delivery thereof, whichever shall be the shorter.

4. Where any party has amended his pleading under either rule 2 or rule 3, the opposite party may, within eight days after the delivery to him of the amended pleading, apply to the court to disallow the amendment, or any part thereof, and the court may, if satisfied that the justice of the case requires it, disallow the same, or allow it subject to such terms as to costs or otherwise as may be just.

5. Where any party has amended his pleadings under rule 2 or rule 3, the opposite party shall plead to the amended pleading, or amend his pleading, within the time he then has to plead or within eight days from the delivery of the amendment, whichever shall be the longer; and in case the opposite party has pleaded before the delivery of the amendment, and does not plead again or amend within the time above mentioned, he shall be deemed to rely on his original pleading in answer to such amendment.

6. In all cases not provided for by the preceding rules of this Order, application for leave to amend may be made by either party to the court before or at the trial of the action, and such amendment may be allowed upon such terms as to costs or otherwise as may be just.

7. If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited, then within 14 days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid, or of such 14 days as the case may be, become ipso facto void, unless the time is extended by the court.

8. An indorsement or pleading may be amended by written alterations in the copy which has been delivered, and by additions on paper to be interleaved therewith if necessary, unless the amendments require the insertion of more than 144 words in any one place, or are so numerous, or of such a nature that the making of them in writing would render the document difficult or inconvenient to read, in either of which cases the amendment must be made by delivering the document as amended, which shall be printed when printing is required under Order 19, rule 9.

9. Whenever any indorsement or pleading is amended, the same when amended, shall be marked with the date of the order, if any, under which the same is so amended, and of the day on which such amendment is made, in manner following, viz.: ‘Amended the day of pursuant to order of dated the day of.’

10. Whenever any indorsement or pleading is amended, such amended document shall be delivered to the opposite party within the time allowed for amending the same.

11. 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 court, by the registrar to the court,

(i) on the application to the 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 registrar of letters of consent from each party; or

(b) where the parties do not consent, by the court,

(i) on application made to the court by motion on notice to the other party or

(ii) on the listing of the proceeding before the court by the registrar on notice to each party.

[SI 271/09]

12. The court may at any time, and on such terms as to costs or otherwise as the court may think just, amend any defect or error in any proceedings, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings.

13. The costs of and occasioned by any amendment made pursuant to rules 2 and 3 shall be borne by the party making the same, unless the court shall otherwise order.

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