1 LN Practice Guide GA Pretrial Civil Procedure § 6.08


Summary

If errors are discovered in the original pleading or new facts are discovered that existed before the commencement of the suit but were omitted or unknown at the time the complaint was filed, file an amended pleading or amendments to the pleading in order to correct the problems. Before entry of a pretrial order, pleadings may be amended as a matter of course without leave of court. OCGA § 9-11-15(a). After entry of a pretrial order, leave of court to amend pleadings shall be freely given, when justice so requires. OCGA § 9-11-15(a).

Hide sectionPractice Point:

In general, it is better to file an amended complaint instead of an amendment so that all parties are working with one document and not two separate documents. However, it is important to ensure that the amended complaint is complete and continues to support the causes of action in the case.

If counsel wants to preserve part of the original pleading, either indicate that clearly in the amendment to the pleading or re-allege the claim in the ...