(Download) "Willetta Dawn Christian v. Rodney Lee" by Sixth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free

eBook details

Title: Willetta Dawn Christian v. Rodney Lee
Author : Sixth Circuit U.S. Court of Appeals
Release Date : January 14, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

1. "The purpose of the words and leave [to amend] shall be freely given when Justice so requires in Rule 15(a) W.Va.R.Civ.P., is to secure an adjudication on the merits of the controversy as would be secured under identical factual situations in the absence of procedural impediments; therefore, motions to amend should always be granted under Rule 15 when: (1) the amendment permits the presentation of the merits of the action; (2) the adverse party is not prejudiced by the sudden assertion of the subject of the amendment; and (3) the adverse party can be given ample opportunity to meet the issue." Syllabus Point 3, Rosier v. Garron, Inc., 156 W.Va. 861, 199 S.E.2d 50 (1973).