Motion for Leave to Amend in North Carolina

Understanding the Purpose and Significance of a Motion for Leave to Amend

“Rule 15 (a) declares that leave to amend shall be freely given when justice so requires.” (See Public Relations, Inc. v. Enterprises, Inc. (1978) 36 N.C. App. 673, 678.)

“Such leave should be freely given unless the opposing party can establish it will be materially prejudiced by the amendment.” (See Boudreau v. Baughman (1987) 86 N.C. App. 165, 168.)

Procedural Steps Involved in Filing a Motion for Leave to Amend

"A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within 30 days after it is served.” (See Hudspeth v. Bunzey (1978) 35 N.C. App. 231, 234.)

“Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. . . ." (See id.)

Discretion of the Court in Deciding a Motion for Leave to Amend

“The grant or denial of an opportunity to amend is within the discretion of the District Court.” (See Public Relations, Inc. v. Enterprises, Inc. (1978) 36 N.C. App. 673, 678.)

“Our courts have consistently held that, in a motion to amend addressed to the sound discretion of the trial judge, the trial court has broad discretion in permitting or denying amendments.” (See Hudspeth v. Bunzey (1978) 35 N.C. App. 231, 234.)

“Outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion and inconsistent with the spirit of the Federal Rules." (See id.)

“The ruling of the trial judge allowing leave to amend will not be reversed on appeal absent a showing of abuse of discretion.” (See Boudreau v. Baughman (1987) 86 N.C. App. 165, 168.)

Legal Precedents and Case Law on a Motion for Leave to Amend

It is well settled that “liberal amendment of pleadings is encouraged by the Rules of Civil Procedure in order that decisions be had on the merits and not avoided on the basis of mere technicalities.” (See Kopf v. Smartflow Techs., Inc. (2013) 737 S.E.2d 192.)

However, it is also well settled that “leave to amend a pleading may be properly denied under certain circumstances, including but not limited to undue delay, bad faith on the part of the movant, or undue prejudice to the opposing party by virtue of allowance of the amendment.” (See McGuire v. Riedle (2008) 661 S.E.2d 754, 759.)