Can the Other Party Amend Their Pleadings Mid Trial? Third DCA Case.

Are you currently in the midst of a heated West Palm Beach   will contest? Do you plan on going to trial? Experienced Palm Beach probate litigators know that a court is not likely to let you amend your claims once trial has commenced, once more according to a new case out of the Third District Court of Appeals, to do so may actually deny the other party due process of law. Do you agree?

Due Process

• Both the Florida and Federal Constitutions affirm that litigants have a right to due process of the law.
• In other words a West Palm Beach trial cannot be a sham, it must be a process that intends to preserve rights and adjudicates fairly.
• When you want to bring a lawsuit you will file a complaint with the court.
• You may amend your complaint almost as much as you would like assuming it is in the interest of justice.
• A court is not going to let you use the process to harass the other party.
• Often times though new information comes up in trial and everyone is surprised.
• Can you then amend your pleadings?
• Can you add a new cause of action?
• The problem with this is the lack of preparation on the part of the other party, it is not fair to make them defend on the fly.
• Would you want to be left in that position?
• This may amount to a violation of their right to due process under the law.

Carlson v. State of Florida

• Criminal and civil trials are very different but both have a right to due process involved.
• In this case an individual was charged with resisting arrest and the State had put on its case at trial and after chose to amend to add another claim to the case.
• The criminal defendant on appeal noted that they had essentially added an entire new charge when they claimed he had resisted arrest against two offices instead of one.
• The appeals court agreed and reversed noting that this was a violation of due process.

Do you agree?

Check out this case to learn more just click here?