Q: Are you aware of any published decisions on legal errors?
A complaint for a cause of action goes to trial. At trial, prior to any testimony, defense motions for judgment on the pleadings. The court finds that the elements to support the cause of action are not met but nevertheless denies the motion.. The defense had centered its case on the complaint failing to allege the necessary elements to support the alleged cause of action had occurred. Rather than making a summary judgment in favor of defendant, or granting plaintiff a leave to amend the complaint the court goes forward with the trial but for a different cause of action never before alleged by plaintiff and affording defendant no opportunity to form a defense against. The court ends up ruling in favor of Plaintiff and enters a judgment for the original cause of action. Not the alternative cause of action prosecuted in the trial.
A: Trial amendments like this are commonly made to conform to the evidence. Unless they are a surprise to the defendant and the defendant objects and moves for a continuance, trials often proceed on the merits of the claim as amended because both parties are ready to get their case over with, neither wants any further delays, and usually the amendments were anticipated and not a surprise to anybody.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.