Principle

CIVIL PROCEDURE — Pleadings — Evidence of Unpleaded Material Facts Goes to No Issue

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Unpleaded material facts cannot be proved by evidence; such evidence goes to no issue. Surprise evidence violates fair hearing principles. The principle applies to civil procedure. The rule ensures fair notice and prevents ambush. The court must disregard evidence on unpleaded matters.

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in