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" If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby... "
Cases Decided in the United States Court of Claims ... with Report of ... - Page 16
by United States. Court of Claims, Audrey Bernhardt - 1954
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - 1940
...evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and...satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance...
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United States Congressional Serial Set

United States. Supreme Court - 1938 - 126 pages
...evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and...satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance...
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Federal Rules of Civil Procedure, Volume 1

United States. Supreme Court, Palmer Daniel Edmunds - 1938 - 1745 pages
...evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and...satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance...
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Rules of Civil Procedure for the District Courts of the United States with ...

United States. Supreme Court, United States. District Courts - 1939 - 313 pages
...is objected to at the trial on the ground that it is not -vTithin the issues made by the pleadings, the court may allow the pleadings to be amended and...satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 65

United States. Customs Court - 1970
...be amended and shall do so freely when the presentation of the merits of the action will be served thereby and the objecting party fails to satisfy the...maintaining his action or defense upon the merits. The court shall afford the objecting party an opportunity to meet such evidence. (c) Form and Filing: Every...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 80

United States. Customs Court - 1978
...objected to at trial on the ground that it is not within the scope of the issues made by the pleadings, the court may allow the pleadings to be amended and...the presentation of the merits of the action will be served thereby and the objecting party fails to 1 Although not cited by either party, the Summaries...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 83

United States. Customs Court - 1979
...motion permits withdrawal or amendment of the admission. The court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice...
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United States Code: Containing the General and Permanent Laws of the United ...

United States - 1965
...ground that it Is not within the Issues made by the pleadings, the court* may receive the evidence and may allow the pleadings to be amended and shall do...maintaining his action or defense upon the merits. The court* shall afford the objecting party an opportunity to meet such evidence. (c) Relation back of...
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United States Code, Volumes 6-7

United States - 1971
...provisions of Rule 16 governing amendment of a pre-trial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice...
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United States Code: Supplement

United States - 1988
...provision of Rule 16 governing amendment of a pre-trial order, the court may permit withdrawal or amendment ed within 10 days after notice of the court's action; (2) * relief can b party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice...
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