PrincipleCIVIL PROCEDURE – Determination of Issues – Court Confined to Pleaded Issues
- Area of law
- CIVIL PROCEDURE
- Court
- Supreme Court
Courts are strictly confined to issues raised in pleadings. Deciding unpleaded issues constitutes: denial of fair hearing (parties didn't have opportunity to address those issues), procedural unfairness (surprise decisions on matters not in contention), and violation of adversarial principles (parties control what issues are tried).…
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