(DOWNLOAD) "Carol v. Mauck v. City Martinsburg" by Supreme Court of Appeals of West Virginia ~ Book PDF Kindle ePub Free
eBook details
- Title: Carol v. Mauck v. City Martinsburg
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 27, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Per Curiam Syllabus 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 where: (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 an ample opportunity to meet the issue. Syllabus point 3, Rosier v. Garron, Inc., 156 W.Va. 861, 199 S.E.2d 50 (1973).