Amendment by Negligent Party; Payment of Costs; Terms

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If a party must apply for leave to amend his pleadings and has been negligent or dilatory in respect to the subject of the amendment, the court may order the party to pay to his adversary the cost of any proceedings which he proposes by amendment and, in the court's discretion, may order reasonable and equitable terms for amendment not affecting the merits of the case.

(Ga. L. 1853-54, p. 48, § 1; Code 1863, § 3412; Code 1868, § 3432; Code 1873, § 3482; Code 1882, § 3482; Civil Code 1895, § 5101; Civil Code 1910, § 5685; Code 1933, § 81-1207.)

Cross references.

- Amendment of pleadings generally, § 9-11-15.

RESEARCH REFERENCES

Am. Jur. 2d.

- 61A Am. Jur. 2d, Pleading, § 742 et seq.

C.J.S.

- 71 C.J.S., Pleading, §§ 346 et seq., 355 et seq.


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