§ 9-10-158. Continuance charged to amending party, when

§ 9-10-158. Continuance charged to amending party, when

 

When a pleading is amended, if the opposite party makes oath or his counsel states in his place that he is surprised and not fully prepared for trial because of the amendment, upon a showing of the manner of unpreparedness and that surprise is not claimed for the purpose of delay, the case may be continued and the continuance charged to the amending party.