Principle

CIVIL PROCEDURE – Pleadings – Evidence Going to No Issue

Area of law
CIVIL PROCEDURE
Court
Supreme Court

This reinforces Principles 299 and 321 on evidence-pleading alignment. Evidence departing from pleaded facts must be rejected because: it goes to no issue (no issue was raised by pleadings for this evidence to address), it surprises opponents (who prepared based on pleadings), and it violates…

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