LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Amendment of Pleadings – Amendment Sought to Defeat Ground of Appeal

An amendment that alters the character of the case as considered by the courts below will not be granted on appeal. The appellate court will not allow a party to fundamentally change their case after judgment. Amendment is not a vehicle to defeat grounds of appeal or escape an adverse decision. The character of the case includes the issues joined, facts pleaded, and reliefs claimed. A party must stand or fall on the case presented at trial. The principle prevents parties from changing their case after losing. If the amendment would require new evidence or fundamentally alter the dispute, it is refused. The court examines whether the amendment is a genuine correction or a tactical shift.