Absence of the Plaintiff – Cassation File No. 160314 Volume 24
If an order is given for a claim to be amended and the plaintiff fails to appear on the appointment date set for submitting the amended claim, the court must conduct a specific review before closing the file. The court must examine whether the dispute between the parties can be appropriately resolved based on the original claim submitted prior to the amendment order. If a proper resolution is possible, the court should render a decision it deems appropriate rather than closing the file solely because the amendment order was not fulfilled. Article referenced: Civil Procedure Code 199.
Additional Evidence – Cassation File No. 160314 Volume 24
If a plaintiff is permitted to submit evidence during the proceedings that was not presented at the first hearing, the defendant must also be allowed to amend his statement of defense. This allows the defendant to challenge the relevance and credibility of the newly presented evidence. Restricting the defendant to merely providing comments on the evidence, rather than amending his defense, unduly narrows his right of defense.
Changing the Cause of Action – Cassation File No. 161736
When an amendment of a claim is permitted, the plaintiff is not allowed to change the original cause of action. For instance, if a claim was originally filed for the recovery of a loan and the plaintiff attempts to submit an amended claim changing the cause of action to unjust enrichment, the court must reject the amended claim. The consequence of such a rejection is that the litigation continues based on the original cause of action. However, if the plaintiff does not wish to proceed with the original cause of action, the court shall close the file. This was a 3 to 2 majority decision.
New Preliminary Objections – Cassation File No. 55973 Volume 12
When a defendant is permitted to amend his statement of defense, they are not allowed to raise new preliminary objections that were not included in his initial response.
Timing of Amendment – Cassation File No. 89641 Volume 15
A pleading can be amended at any time before judgment is rendered in the case. Consequently, an application to amend a pleading submitted after a judgment has been rendered and the file has been closed is not acceptable.
New Statement of Defense – Cassation File No. 95620 Volume 16
If a plaintiff is permitted to amend his claim and does so, the court must give the defendant the opportunity to submit a new statement of defense. This applies even if the changes in the amended claim appear not to bring about a fundamental change in substance. A court cannot render a judgment without allowing the defendant to respond to the amended claim on the grounds that responding to the amendment would not result in any change to the outcome.
Vague Pleadings – Cassation File No. 63699 Volume 12
When a vague or unclear claim is presented, a judgment rendered on such a generalized claim without the pleading being amended—either at the initiative of the parties or by the court itself—is improper.
Submitting New Evidence – Cassation File No. 210559
Article 91 of the Civil Procedure Code does not permit the introduction of new arguments or the attachment of new evidence under the guise of an amendment. Therefore, if courts determine that an application to amend a statement of defense is not intended to fulfill the specific conditions set out in Article 91, the request should not be granted simply because it was labeled as an application to amend. Article referenced: Civil Procedure Code 91.
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