In Harvey v. Christopher, 55 V.I. 565, 577 (V.I. 2011), the Court discussed considerations relating to a determination of whether there had been an undue delay in seeking leave to amend a pleading.
The respondent had filed an answer to a divorce petition in which she expressly waived a claim for alimony. Id.
The petitioner had been granted leave to amend his divorce petition, and the amendment prompted a change in the relief desired by the respondent. Id.
However, in the order granting leave to amend the petition, the trial court directed the respondent to file an amended answer to the amended petition within twenty days, which she failed to do. Id.
Further, the respondent would have sought alimony in her amended pleading, and this claim would have required discovery in addition to the discovery conducted prior to the requested leave to amend at the time of trial. Id.
Therefore, at the time of trial, it was not an abuse of discretion for the trial court to find that the respondent's motion to amend was untimely. Id.