Sometimes after filing your defence form, you may need to change it. This is called 'amending' your defence.
You may want to amend your defence to:
You can amend your defence only if the court gives you permission (called leave).
If you want to ask for leave to amend your defence, you should get legal advice.
If the plaintiff asks the court for permission to amend their statement of claim you should ask for permission to amend your defence. If the plaintiff brings up something new in their statement of claim, you will then be able to respond to it.
The plaintiff is allowed to amend their statement of claim once without the court's permission within 28 days from when it was filed. You will then be served with an amended statement of claim form and you will have 14 days to file an amended defence. You will not need the court's permission to file this form.
An amended defence needs to be renamed and should be dated, for example 'Amended defence - amended on 21 March 20xx'.
If the defence is amended because of an order by the court it needs to state this, for example, 'Amended defence - amended pursuant to order of 21 March 20xx'.
Amendments should be noted by striking through the wrong information. Any changes or new additions should be underlined and/or in bold text.
The amended defence needs to be filed with the court, and a stamped copy served on any other parties. It is important to file the amended defence by the date ordered by the court.
Sample: Sample amended defence.