Motion for Leave to Amend in New Hampshire

What Is a Motion for Leave to Amend?

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

“According to our practice, amendments may be made at any stage of the proceedings if justice requires.” (See Holman v. Manning (1889) 65 N.H. 228, 229.)

“Pursuant to RSA 514:9 (2007), a trial court may permit a substantive amendment to pleadings in any stage of the proceedings, upon such terms as the court shall deem just and reasonable, when it shall appear to the court that it is necessary for the prevention of injustice...” (See Tessier v. Rockefeller (2011) 162 N.H. 324, 340.)

“Accordingly, liberal amendment of pleadings is permitted unless the changes would surprise the opposing party, introduce an entirely new cause of action, or call for substantially different evidence.” (See id; Bel Air Assocs. v. N.H. Dep't of Health & Human Servs. (2006) 154 N.H. 228, 236, 910 A.2d 1232.)

“An amendment may also be denied if it would not cure the defect in the writ.” (See Tessier v. Rockefeller (2011) 162 N.H. 324, 340; Gould v. George Brox, Inc. (1993) 137 N.H. 85, 90, 623 A.2d 1325.)

Procedural Steps Involved in Filing a Motion for Leave to Amend

Motions to amend are governed under New Hampshire Superior Court Rule 12, subsection A.

The rule states that “no plaintiff shall have leave to amend a pleading, unless in matters of form, after a default until the defendant has been provided with notice and an opportunity to be heard, to show cause why the amendment should not be allowed.” (See N.H. R. Super. Ct. 12(a)(1).)

“Amendments in matters of form will be allowed or ordered, as of course, on motion; but, if the defect or want of form be shown by the adverse party, the order to amend will be made on such terms as justice may require.” (See N.H. R. Super. Ct. 12(b)(1).)

“Amendments in matters of substance may be made on such terms as justice may require.” (See N.H. R. Super. Ct. 12(c)(1).)

“Amendments may be made to the Complaint or Answer upon the order of the court, at any time and on such terms as may be imposed.” (See N.H. R. Super. Ct. 12(d)(1).)

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

“Whether to allow a party to amend his or her pleadings rests in the sound discretion of the trial court.” (See Tessier v. Rockefeller (2011) 162 N.H. 324, 340; Coan v. N.H. Dep't of Env't Servs. (2010) 161 N.H. 1, 11, 8 A.3d 109.)

“We will not disturb the trial court's decision absent an unsustainable exercise of discretion.” (See id.)

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

It is well settled that “the approach to allowing amendments in this State is a liberal one which reflects the desire not to permit procedural error or omission to frustrate the maintenance of a valid action. This pragmatic view of amendments is embodied in RSA 514:9 which provides that substantive amendments may be permitted in any action, in any stage of the proceedings, upon such terms as the court shall deem just and reasonable, when it shall appear to the court that it is necessary for the prevention of injustice, and so long as the rights of third parties are not prejudiced thereby.” (See Dupuis v. Smith Properties, Inc. (1974)114 N.H. 625, 628; Lewis v. Hines (1923) 81 N.H. 24, 26, 120 A. 728, 730; Stearns v. Wright (1870) 50 N.H. 293, 295.)

Accordingly, it is also well settled that “liberal amendment of pleadings is permitted unless the changes would surprise the opposing party, introduce an entirely new cause of action, or call for substantially different evidence. An amendment may also be denied if it would not cure the defect in the complaint.” (See New London Hosp. Ass'n v. Town of Newport (2021) 260 A.3d 18, 24; Sanguedolce v. Wolfe (2013) 164 N.H. 644, 647-48, 62 A.3d 810.)

Dockets for Motion for Leave to Amend in New Hampshire

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Huggins Hospital v Melissa Von Kahle

Filed

Apr 30, 2024

Status

Active

Court

Belknap County

County

Belknap County, NH

Case #