Edwards v. Edwards

WELLS, Judge.

Defendant assigns as error the trial court’s refusal to grant her oral motion to amend her pleadings. Under G.S. 1A-1, Rule 15(a), after the time permitted for unrestricted unilateral amendment of pleadings has expired, a party “may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.” While the burden is on the party objecting to the amendment to show that he would be prejudiced thereby, Vernon v. Crist, 291 N.C. 646, 231 S.E. 2d 591 (1977), a motion under Rule 15(a) is addressed to the…