A Plaintiff's Claim or Defence filed at the start of a case isn't necessarily the last word on what's in it. As a case moves forward, it's common to discover that a document needs to be corrected, expanded, or updated — and Small Claims Court generally allows this through a process called amending. Understanding how amendments work, and how timing affects your options, helps you fix a document properly instead of leaving an error on the record or missing a chance to add something important.
Why an amendment might be needed
Amendments come up for all sorts of ordinary reasons, and needing one usually isn't a sign that something has gone badly wrong with your case. A plaintiff might realize the amount claimed was calculated incorrectly, or that additional damages have come up since filing. A defendant's legal name might have been entered informally rather than correctly. New facts might surface during the settlement conference process or through documents exchanged between the parties, prompting a party to add particulars that weren't included the first time. In each case, an amendment is the mechanism for bringing the filed document in line with the current, accurate version of a party's claim or defence.
How amendments are marked on the document
The general convention
An amended claim or defence is typically prepared so the changes are visible at a glance — new or added wording is underlined, and wording that's been removed is shown with a strikethrough, rather than simply disappearing.
This convention matters because it lets the other side, and the court, see exactly what has changed without having to compare the old and new versions line by line. When you prepare an amended document, keep this formatting consistent throughout, and make sure anything you've deleted is struck through rather than deleted outright, and anything new is clearly underlined. A document that doesn't show its changes clearly can create confusion about what you're actually claiming or defending.
Amending before a trial date is set
Timing is the main factor that determines how much flexibility you have to amend. Earlier in a case — generally before a trial date has been scheduled — the court system tends to allow more room to correct or update a claim or defence, since doing so at this stage causes relatively little disruption to the case's progress. This is the point at which most routine corrections, like fixing a claimed amount or adding a detail that was missed the first time around, are made.
Even at this earlier stage, an amendment isn't simply a private edit to your own copy of the document. It still needs to be properly filed with the court and served on every other party, the same as the original document was. See preparing and filing your claim for the general filing process an amendment generally follows.
Amending closer to or after a trial date
Tighter rules apply later
Once a case is closer to or has already reached a scheduled trial date, amendments generally need to be filed and served within a set number of days before trial, or you need the court's permission to make the change on shorter notice.
The reasoning behind this tighter approach is straightforward: the closer a case gets to trial, the more disruptive a late change can be for the other side, who may need time to respond to new facts or a revised amount. If you realize you need to amend something close to a trial date, don't assume it's automatically off the table — but do expect that you may need to explain the delay and ask the court for permission, rather than simply filing the change on your own schedule.
Common examples of amendments
A few situations account for most of the amendments seen in practice:
- Changing the claimed amount — for example, when additional losses become clear after the original claim was filed, or when a calculation error is discovered.
- Correcting a defendant's name — such as replacing an informal or incomplete version of a business's name with its full, correct legal name.
- Adding new particulars — additional facts, dates, or details that support the claim or defence but weren't included in the original version.
- Adding or removing a claim or defence — for instance, raising an additional legal basis for the claim once it becomes relevant.
If your situation involves adding or removing an entire party to the case rather than just updating wording, see the related guide on correcting a party's name for how that specific process works.
Serving the amended document
An amendment doesn't take effect against the other parties simply because you've filed it with the court — it needs to be properly served on them too, following the same service rules that applied to the original document. Once service is complete, file an Affidavit of Service confirming how and when the amended document was delivered. Skipping this step can leave a real question about whether the other side was ever properly given the updated version of your claim or defence, which can cause delays or disputes later in the case.
As a practical matter, keep a clear paper trail any time you amend: a dated copy of the amended document showing the tracked changes, proof of how and when it was served, and the filed Affidavit of Service. This record protects you if there's ever a dispute about what was claimed, when it changed, or whether the other side had proper notice of the update.
Frequently asked questions
Can I amend my claim after I've already filed it?
Generally, yes. Amendments are common and expected as a case develops. How freely you can amend depends mainly on timing — amendments made before a trial date is scheduled are usually more straightforward than ones made close to or after a trial date.
Do I always need the court's permission to amend?
Not always. Earlier in a case, some amendments can generally be made by filing and serving the amended document. Closer to or after a trial date, you typically need to meet a set notice period or get the court's permission on shorter notice.
How is an amended claim or defence marked so people can see what changed?
The convention is to visually distinguish the changes — new wording is typically underlined, and deleted wording is typically shown with a strikethrough — so anyone reading it can immediately see what was added or removed compared to the original.
What happens if I don't properly serve my amended document?
An amendment generally doesn't take effect against the other parties until it has been properly served on them, the same as the original document. Filing an Affidavit of Service documents that this step was completed.