§56-4-28. Continuance and costs after amendment.
114 words·~1 min read·
/wv/chapter-56-pleading-and-practice/article-4-rules-and-pleading/56-4-28·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If substantial amendment of any pleading is made, the court shall enter such order as to continuance as shall seem fair and just. But the trial of an action at law shall not be continued to another term because of the filing of an amended declaration, or because of an amendment made for the purpose of curing a variance between pleading and proof, unless the defendant shall satisfy the court by affidavit or otherwise that because of such amendment he cannot safely proceed with the trial without such continuance. Every continuance to a subsequent term granted because of an amendment of a pleading shall be at the costs of the party making the amendment.