Section 47 Surprise

• Library: Civil Trial Practice 2008 Supp Forms

. The court erred in allowing [the plaintiff to file an amended petition before trial over the defendant's objection on the basis of surprise. The petition alleged a new theory of negligence, which was not in the original petition, and the defendant had no notice that the plaintiff intended to file the amended petition. After the court allowed the plaintiff to file the amended petition, the court erred in failing to grant the defendant's request for a continuance and for time to prepare and file necessary...