Principle

CIVIL PROCEDURE – Amendment of Pleadings – Amendment of Capacity of Parties – When Too Late to Amend

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Courts cannot amend parties' capacities in judgment after trial—it's too late. "Capacity" means: the legal character in which parties sue or are sued (individually, as representatives, as family members, etc.). Amendment of capacity after trial is improper because: parties litigated in stated capacities, evidence was…

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