Legal Memorandum: Amended Pleadings in MN

Issue: Whether Amendment of a Complaint Would Be Unduly Prejudicial to a Defendant.

Area of Law: Litigation & Procedure
Keywords: Amendment of a complaint; Prejudice
Jurisdiction: Minnesota
Cited Cases: 181 Minn. 381; 399 N.W.2d 593; 232 N.W. 708
Cited Statutes: Minn. R. Civ. P. 15.01
Date: 11/01/2006

Minn. R. Civ. P. 15.01 makes clear that the trial court may grant leave to amend the pleadings “when justice so requires.”  Such leave is to be liberally granted.  Envall v. Indep. Sch. Dist. No. 704, 399 N.W.2d 593, 597 (Minn. App. 1987).  The trial court may deny a motion for leave to amend if the amendment would result in prejudice to the opposing party.  Glodek v. Rowinski, 390 N.W.2d 477, 482 (Minn. App. 1986).  “Ordinarily, unless a party opposing an amendment can establish some prejudice other than merely having to defend against an additional claim or defense, an amendment will be allowed.”  Envall, 399 N.W.2d at 597.

An argument that addition of additional defendant will cause Defendant to incur additional expenses in discovery and in defending cross-claims is not sufficient prejudice to support denial of leave to amend, Envall, 399 N.W.2d at 597.

See Schanil v. Branton, 181 Minn. 381, 382, 232 N.W. 708, 709 (1930).


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