Principle

CIVIL PROCEDURE – Amendment of Pleadings – Amendment Not to Raise Fresh Issues

Area of law
CIVIL PROCEDURE
Court
Supreme Court

This qualifies Principle 632—appellate amendments permitted only if not raising fresh issues. Objection: Amendment is "clever way" to raise new issues not addressed below—should be refused. Response: If amendment: raises no new issues, requires no new evidence, relies on evidence already before court, and merely…

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