State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_15

Rule 15. Amended andsupplemental pleadings.

(a)        Amendments. – Aparty may amend his pleading once as a matter of course at any time before aresponsive pleading is served or, if the pleading is one to which no responsivepleading is permitted and the action has not been placed upon the trialcalendar,  he may so amend it at any time within 30 days after it is served.Otherwise a party may amend his pleading only by leave of court or by writtenconsent of the adverse party; and leave shall be freely given when justice sorequires. A party shall plead in response to an amended pleading within 30 daysafter service of the amended pleading, unless the court otherwise orders.

(b)        Amendments toconform to the evidence. – When issues not raised by the pleadings are tried bythe express or implied consent of the parties, they shall be treated in allrespects as if they had been raised in the pleadings. Such amendment of thepleadings as may be necessary to cause them to conform to the evidence and toraise these  issues may be made upon motion of any party at any time, eitherbefore or after judgment, but failure so to amend does not affect the result ofthe trial of these issues. If evidence is objected to at the trial  on theground that it is not within the issues raised by the pleadings, the court mayallow the pleadings to be amended and shall do so freely when the presentationof the merits of the action will be served thereby and the objecting partyfails to satisfy the court that the admission of such evidence would prejudicehim in maintaining his action or defense upon the merits. The court may grant acontinuance to enable the objecting party to meet such evidence.

(c)        Relation back ofamendments. – A claim asserted in an amended pleading is deemed to have beeninterposed at the time the claim in the original pleading was interposed,unless the original pleading does not give notice of the transactions,occurrences, or series of transactions or occurrences, to be proved pursuant tothe amended pleading.

(d)        Supplementalpleadings. – Upon motion of a party the court may, upon reasonable notice andupon such terms as are just, permit him to serve a supplemental pleadingsetting forth transactions or occurrences or events which may have happenedsince the date of the pleading sought to be supplemented, whether or not theoriginal pleading is defective in its statement of a claim for relief ordefense. If the court deems it advisable that the adverse party plead thereto,it shall so order, specifying the time therefor. (1967, c. 954, s. 1.)