Grace v. Johnson

VAUGHN, Judge.

Rule 4(i) of the Rules of Civil Procedure empowers the court to allow amendment of the summons at any time in its discretion unless it clearly appears that material prejudice would result to substantial rights of the party against whom the process issued. A comment by the General Statutes Commission states that the rule “in terms, does not provide for any greater liberality of amendment than did former G.S. 1-163.” We agree. The question, therefore, is whether an amendment to the summons to correct the name of the court in which the action was commenced would have been allowable…