Motion to Amend in New Mexico

Background

The purpose of a motion to amend under Rule 15(a) “is to provide parties the opportunity to amend a claim that was filed when significant facts remained unknown so that the controversy will be decided on the merits of the case.” (Macias v. Jaramillo (2000) 129 N.M. 578, 583 [internal citation omitted].)

General Information for Complaints and Motions

N.M.R.Civ.P. 15(a), N.M.S.A. 1978 (Repl. Pamph. 1980) states:

“A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within twenty days after it is served.” (Clancy v. Gooding (1982) 98 N.M. 252, 255 citing N.M.R.Civ.P. 15(a); Vernon Company v. Reed (1967) 78 N.M. 554.)

“Otherwise 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.” (Id.)

Note, however, that “[I]f a party does not consent to amendment, the trial court is required to allow it freely if the objecting party fails to show he or she will be prejudiced.” (Roark v. Farmers Group (2007) 142 N.M. 59, 65 quoting Crumpacker v. DeNaples, 1998-NMCA-169, ¶ 17, 126 N.M. 288, 968 P.2d 799.)

Standard of Review and Burdens of Proof

“Motions to amend are addressed to the sound discretion of the trial court and will be reviewed on appeal only for an abuse of that discretion.” (Home and Land Owners v. Angel Fire Resort (2003) 133 N.M. 733, 740 citing Rivera v. King (1988) 108 N.M. 5, 9; limited on other grounds by Williams v. Cent. Consol. Sch. Dist., 1998-NMCA-006, ¶ 14, 124 N.M. 488.)

“An abuse of discretion occurs when the court exceeds the bounds of reason, considering all the circumstances before it.” (Home and Land Owners v. Angel Fire Resort (2003) 133 N.M. 733, 740 citing Rivera, 108 N.M. at 9, 765 P.2d at 1191.)

The Court’s Decision

“Ordinarily, an order denying a motion to amend a complaint is not final for purposes of appeal.” (Clancy v. Gooding (1982) 98 N.M. 252, 254 citing Wells v. South Main Bank (1976) 532 F.2d 1005 [5th Cir.]; Fowler v. Merry (1972) 468 F.2d 242 [10th Cir.].)

Amendment to Pleadings at Trial Stage

“If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits.” (Grissom v. Wilkinson, No. 32, 087, at *18 [N.M. Ct. App. Nov. 19, 2013] citing Rule 1-015(B) [holding “The denial of a motion to amend does not constitute an abuse of discretion where the amendment would have been futile.”].)