Which statement is a ground to oppose a motion to amend pleading on the basis of delay?

Which statement is a ground to oppose a motion to amend pleading on the basis of delay?

• A. The amendment will cause a detrimental change of position due to delay
• B. The amendment has merit
• C. The amendment will not affect evidence
• D. The amendment would violate confidentiality

Answer: (A)

The key idea is that opposing an amendment based on delay hinges on prejudice to the other side. If changing the pleading late would force the opponent to rethink theories, reopen discovery, or defend against new allegations at a late stage, it undermines fairness. Saying the amendment will cause a detrimental change of position because of the delay directly expresses that kind of prejudice. The other points don’t address delay prejudice: whether the amendment has merit speaks to substance and might support granting the amendment; whether it affects evidence or confidentiality concerns are separate issues not tied to the fairness impact of the lateness.

The key idea is that opposing an amendment based on delay hinges on prejudice to the other side. If changing the pleading late would force the opponent to rethink theories, reopen discovery, or defend against new allegations at a late stage, it undermines fairness. Saying the amendment will cause a detrimental change of position because of the delay directly expresses that kind of prejudice. The other points don’t address delay prejudice: whether the amendment has merit speaks to substance and might support granting the amendment; whether it affects evidence or confidentiality concerns are separate issues not tied to the fairness impact of the lateness.