Order 27 β€” Amendment

Rule 1 Amendment of originating process and pleadings

A party may, upon an application, amend the originating process and pleadings at any time before the close of pretrial conference and not more than twice during the trial but before adoption of final written addresses.

Rule 2 No amendment to raise new ground of claim

No amendment shall be made to raise a new ground of claim or introduce a new cause of action after the close of pretrial conference except with the leave of the Judge.

Rule 3 Application

An application for amendment shall be made by motion on notice supported by an affidavit and written address.

Rule 4 Amendment of Originating process

Where an originating process is amended, the amended process shall be filed and served on the other party.

Rule 5 Failure to amend after Order

Where a party fails to amend after an order to amend, the Judge may strike out the process or make such other order as may be just.

Rule 6 Filing and service of amended process

Every amended process shall be filed and served in the same manner as the original process.

Rule 7 Marking of amended process

Where an indorsement or pleading is amended it shall be marked in the following manner:

“Amended the ………. day of ………. pursuant to the order of (name of Judge) dated the ………. day of ……….”

Rule 8 General power to amend

Except as to amendments under the provisions of Rule 1 of this Order, a Judge may, at any time and on such terms as to costs or otherwise as may be just, amend any defect or error in any proceedings.

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