LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Facts Pleaded Not Supported by Evidence — Must Be Discountenanced

A party must prove the facts pleaded. If no evidence is adduced to support pleaded facts, those facts go to no issue. The court cannot consider them. The principle reinforces the rule that he who asserts must prove. The court will not assume the truth of unproven allegations. The party bears the burden of adducing evidence for each material fact. Failure to do so results in those facts being disregarded. The rule applies to both plaintiffs and defendants. The court will not fill gaps in a party’s case. The principle ensures that judgments are based on evidence, not mere allegations. The party cannot rely on unproved pleadings.