Evans v. B and E Pace Investment

HARRIS, Judge:

¶1 Permission to amend pleadings should be "freely give[n]," see Utah R. Civ. P. 15(a)(2), especially where permission is sought at or near the end of fact discovery, before expert discovery, before any trial date has been set, and where the grounds for at least some of the amendments were first discovered only weeks before the end of the fact discovery period. Under the circumstances of this case, we conclude that the district court exceeded its discretion when it denied two motions to amend, and therefore reverse.

BACKGROUND

¶2 On August 5, 2014, a massive landslide (the…