PrincipleCIVIL PROCEDURE – Pleadings – Departure from Pleadings and Effect on Evidence
- Area of law
- CIVIL PROCEDURE
- Court
- Supreme Court
Evidence must correspond to pleadings. When testimony introduces facts or theories not pleaded, it "goes to no issue"—it's irrelevant because no issue was raised by the pleadings. Pleadings define issues; evidence proves pleaded facts. Testimony departing from pleadings cannot be considered because: (1) it surprises…
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