§ 576.Amendment of Pleading Or Pretrial Conference Order
Title 7a. Pretrial Conferences · Enacted 1963 · no amendments on record · Last verified July 28, 2026
Full Text of § 576
Plain-English Summary
Trials rarely go exactly the way the pleadings and pretrial order anticipated. Section 576 gives a judge broad, ongoing authority to fix that mismatch -- allowing amendment of any pleading, or of a pretrial conference order itself, at any time, whether before or after commencement of trial.
The standard is furtherance of justice, coupled with whatever terms the judge finds proper to attach to granting the amendment -- conditions that often include continuances, costs, or other accommodations to protect a party surprised by the change.
This section is a natural companion to Title 7a's pretrial conference process. A conference order adopted under the rulemaking authority of §§ 575 and 575.1 is meant to define and narrow the issues for trial, but § 576 recognizes that even a carefully prepared order sometimes needs adjustment once trial reveals something the parties or the court didn't anticipate.
Frequently Asked Questions
Can a pleading be amended after trial has already started?
Yes, § 576 allows amendment at any time before or after the commencement of trial.
What standard governs whether a judge allows the amendment?
The furtherance of justice, on such terms as the judge considers proper.
Does § 576 apply to pretrial conference orders as well as pleadings?
Yes, it covers amendment of either a pleading or a pretrial conference order.
Amendment History
Added by Stats. 1963, Ch. 882.