Motion to Amend in Georgia

What Is a Motion to Amend?

Background

“OCGA § 9–11–15 (a) provides that:

‘[a] party may amend his pleading as a matter of course and without leave of court at any time before the entry of a pretrial order.’” (Id.)

“And even after that, ‘the party may amend his pleading ... by leave of court....’ Moreover, such leave ‘shall be freely given when justice so requires.’ Indeed, [Courts of Appeal] have held that OCGA § 9–11–15 (a) is to be forgivingly construed ‘in favor of the allowance of amendments, particularly when the party opposing the amendment is not prejudiced thereby.’” (Oller v. Rockdale Hosp., LLC (2017) 804 S.E.2d 166, 169.)

General Information for Complaints and Motions

“Importantly, concerning motions to amend as the pretrial period draws to a close, O.C.G.A. § 9-11-15 (a), specifically provides:

‘[A]fter the time for a pre-trial conference has passed and neither the court nor the parties have insisted upon the entry of a pre-trial order and no such order is entered, pre-trial proceedings end with the commencement of the trial proper and the taking of evidence. The unfettered right to amend ceases and a party may amend his pleading only by leave of court or by the consent of the adverse party.’”

(Ford's Gantt Co., Inc. v. Wallace (2001) 249 Ga. App. 273, 276.)

Standard of Review and Burdens of Proof

“[W]here a party seeks to add a new party by amendment, OCGA § 9-11-21 requires the exercise of discretion by the trial court....” (Shiver v. Norfolk-Southern Railway Company (1996) 220 Ga. App. 483, 484 citing Clover Realty Co. v. Todd (1976) 237 Ga. 821, 822; Robinson v. Piggly Wiggly (1989) 193 Ga. App. 675.)

“A trial court abuses that discretion, however, if it denies the addition of a party based on delay alone.” (Shiver v. Norfolk-Southern Railway Company (1996) 220 Ga. App. 483, 484 citing Maitlen v. Derst (1986) 178 Ga. App. 305, 306; Dover Place Apts. v. A M Plumbing c. Co. (1983) 167 Ga. App. 732, 735.)

The Court’s Decision

In Davis v. Ganas, the court of appeals found that because “the trial court had not yet ruled on the summary judgment motion when [the appellant] filed the motion to amend, the court erred by failing to consider [appellant]'s motion. Accordingly, [the appeals court] vacate[d] that portion of the trial court's order striking [appellant]'s counterclaim and remand[ed] the case ‘for the court to exercise its discretion and issue a ruling on the merits of the motion [to amend].’” (Davis v. Ganas (2018) 812 S.E.2d 36, 41.)

“In considering belated motions to amend pleadings, the trial judge must freely allow amendment when justice so requires. In exercising this discretion, the judge should balance possible prejudice to the nonmoving party with the moving party's reason for delay.” (Hickox v. DuBose (1984) 172 Ga. App. 47, 48 [internal citations omitted].)

Documents for Motion to Amend in Georgia

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MARIETTIA CITY OF v ALGARRA MOTORS LLC INJUNCTION document preview

COMPLAINT

71 pages

ID# 2024-0054730-CV 2 EFILED IN OFFICE CLERK OF SUPERIOR COURT COBB COUNTY, GEORGIA 24102999 SUPERIOR COURT OF COBB COUNTY …