An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against him the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.
S.C. R. Civ. P. 15
This Rule 15(a) is substantially the same as the Federal Rule, and preserves present State practice under Code §§15-13-910 and 15-13-920. The Rule increases the time to amend a pleading without court order from 20 to 30 days, and the time to plead in response to an amended pleading from 10 to 15 days. It also adds the requirement that the court not allow amendment prejudicial to another party, which is a statement of existing case law.
This Rule 15(b) broadens the court's power to allow amendments to conform the pleadings to the evidence under Code §15-13-920; but this is necessary if the philosophy of the Rules, that the pleadings must state the issues, is to be consistent. The Rule also circumscribes the use of amendment at late stages in a trial by requiring the court to grant continuance of the trial as necessary, and stating in the record the reasons for allowing the amendment.
This Rule 15(c) is the same as the Federal Rule.
This Rule 15(d) is the same as the Federal Rule. State practice since 1870 has followed this procedure. McClaslan v. Latimer, 17 S.C. 123 (1882); Francis Marion Hotel v. Chicco, 131 S.C. 344, 127 S.E. 436 (1924).