Smith v. Continental Bank

In Smith v. Continental Bank, 130 Ariz. 320, 323, 636 P.2d 98, 101 (1981), the trial court amended plaintiff's complaint on its own motion after trial to include a claim for damages and then ordered judgment on the claim as amended against the defendant. Id. at 322, 636 P.2d at 100. After noting that a trial court has the power to suggest to counsel the necessity for an amendment, our supreme court found that Rule 15 does not grant a court "the power to amend a party's pleadings on the court's own motion to conform to the evidence." Id. at 323, 636 P.2d at 101. As a result, the judgment was reversed. Id.