§56-4-28. Continuance and costs after amendment.
If substantial amendment of any pleading is made, the court
shall enter such order as to continuance as shall seem fair and
just. But the trial of an action at law shall not be continued to
another term because of the filing of an amended declaration, or
because of an amendment made for the purpose of curing a variance
between pleading and proof, unless the defendant shall satisfy the
court by affidavit or otherwise that because of such amendment he
cannot safely proceed with the trial without such continuance.
Every continuance to a subsequent term granted because of an
amendment of a pleading shall be at the costs of the party making