Principle

APPELLATE PRACTICE – Further Evidence on Appeal – Evidence Must Relate to Issues Joined on the Pleadings

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Further evidence must relate to pleaded issues. Unpleaded evidence cannot be admitted on appeal. The principle applies to all appeals. The court will not consider evidence on matters not in issue. The rule ensures fair notice. The party seeking to adduce evidence must have pleaded…

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