Std of Review: Leave to amend by trial judge

From Perry v. National City Bank, COA, NPO, 3/18/2011

Leave to amend must be freely given when justice so requires. CR3 15.01. However, a court has broad discretion in granting or denying leave to amend, and may base its denial of leave to amend upon the “futility of the amendment itself.” First Nat. Bank of Cincinnati v. Hartman, 747 S.W.2d 614, 616 (Ky. App. 1988). We review a denial of leave to amend a complaint for an abuse of discretion. Graves v. Winer, 351 S.W.2d 193, 197 (Ky. 1961).

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