Amendment of Claim

Amendment is a party’s correction, in whole or in part, of a procedural act it has carried out (Code of Civil Procedure Arts. 176-182). It allows a party to correct errors in its pleadings, increase its claim or change the cause of action.

Types

• Partial amendment: Part of the procedural act is corrected. The most common use is increasing the amount claimed in a case filed as a partial claim.
• Full amendment: The case is reconsidered from the start; the statement of claim may be completely rewritten. Acts after the amended act are deemed not to have been carried out.

Limits

• Each party may amend only once in the same case.
• Amendment is possible until the end of the evidence-gathering stage; not at the appeal stage.
• The amending party must pay the costs of acts rendered invalid by the amendment and the other party’s loss.

Difference from an Unquantified Claim

If it is not possible or cannot be expected for the claimant to quantify the claim when filing, an unquantified claim may be filed (Art. 107). Once the amount is determined by evidence such as an expert examination, the claimant may increase the claim without amendment. The right to amend is thus preserved for another correction.

Effect on Limitation

In a partial claim, limitation continues to run for the part left outside the case, so a limitation defence may be raised against the part increased by amendment. In an unquantified claim, filing interrupts limitation for the entire claim. This difference should be considered at the outset of litigation strategy.

The reason for amendment is often a court expert report. Court fees are completed for the increased part; see Litigation Costs.