Principle

EVIDENCE LAW – Pleadings – Evidence at Variance with Pleadings – Duty of Court

Area of law
EVIDENCE LAW
Court
Supreme Court

Evidence conflicting with pleadings goes to no issue and must be discountenanced or expunged. The trial court has a duty to ignore such evidence. The appellate court must also ignore evidence not based on pleaded facts. The principle is fundamental: parties are bound by their…

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