Day on Torts - New Post: Day on Torts Nugget: Standards for Motions to Amend Pleadings in Tennessee

Day on Torts Nugget: Standards for Motions to Amend Pleadings in Tennessee

Posted: 18 Feb 2020 05:23 AM PST

Motions to amend a complaint or answer are a routine part of trial practice in Tennessee state court.

Here is a recent statement on the law of motions to amend:

Trial courts have broad authority to decide motions to amend pleadings and will not be reversed absent an abuse of discretion. Hawkins v. Hart, 86 S.W.3d 522, 532 (Tenn.Ct.App.2001). Under the abuse of discretion standard, an appellate court cannot substitute its judgment for that of the trial court. Williams v. Baptist Mem’l Hosp., 193 S.W.3d 545, 551 (Tenn.2006). Numerous factors guide a trial court’s discretionary decision whether to allow a late-filed amendment. Some of these include undue delay, bad faith by the moving party, repeated failure to cure deficiencies by previous amendments and futility of the amendments. Merriman v. Smith, 599 S.W.2d 548, 559 (Tenn.Ct.App.1979).