Lawyers may want to amend their petitions or answers on the eve of trial because of a missed deadline, newly discovered evidence or chess-like strategy. But there is more to a late amendment than filing the pleading and crossing your fingers (although who’s to say that doesn’t help?). Here are some rules and standards to keep in mind when making—or opposing—a new claim or defense filed within a week of trial.
Whether a court will accept a late amendment usually comes down to whether the amendment prejudices the other side. Rule of Civil Procedure 63 allows an amendment to a pleading as long as the amendment does “not operate as a surprise to the opposite party.” Lawyers may file amendments within seven days of trial only withleave of court, which will determine whether the filing will be a surprise to the other party.
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