This would be particularly true where no prejudice is asserted by the complaining party and the complaining party has slept on pleading requirements that would have cured the perceived problems. Amendments to pleadings may be allowed at any stage to cure techni cal defects. See Eubanks v. 44 N.C. App. Decisions interpreting the Rules of Civil Procedure have focused on substance rather than form.
Liberality is the cannon of construction.
The cases cited by Centura to support its anticipatory objection to amendment are inapposite. 131 N.C. App. Here the trusts do exist, whereas in Isaac the alleged corporation did not exist. Here the court already has jurisdiction over Ingeborg Staton and Mercedes Staton, both individually and as co-trustees of their respective trusts, and no amendment is needed to confer jurisdiction over these parties. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to an not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all materials made pertinent to such a motion by Rule 56.