When the administrative agency has changed the disposition the case concerns, how may the claim in a filed case be adjusted?
General information · Not legal advice
Material to check
In the practice file, read the administrative disposition the case was brought against and the agency's later revised disposition, since the provision turns on whether the agency changed the very disposition sued upon after the suit was filed. Also read any notice showing the date the plaintiff learned of the change, and the plaintiff's application asking the court to permit changing the claim.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the change of claim as available only where the administrative agency altered the disposition that is the subject of the suit after the suit was filed; on the plaintiff's application, and acting by a ruling, the court may permit a change of the gist or cause of the claim.
Another reading stresses that the court 'may' permit the change, so a timely application does not secure it, and the provision leaves open what counts as a change of the disposition rather than a separate new disposition; the application must still be made within the period the provision sets from the day the plaintiff knew of the change.
Your judgment
When the agency alters only part of the disposition sued upon, what in the record shows that the object of the suit has actually been changed?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period for the application or who may apply, or if a court decision defines when an alteration amounts to a change of the disposition sued upon.