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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 Code, Volume 5

United States - 1988 - 1120 pages
...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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Decisions on Federal Rules of Civil Procedure: bulletin, Issues 1-10

1938 - 474 pages
...amendments v;henever necessary to conform to the evidence, and the court shall allow such amendments freely when the presentation of the merits of the...satisfy the court that the admission of such evidence would prejudice him upon the merits. Paragraph (c) of rule 8l, 28 USCA following section 723c, provides...
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Cases and Other Materials on Judicial Remedies: From the Forms of Actions ...

Austin Wakeman Scott, Sidney Post Simpson - 1946 - 998 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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General Rules of Procedure Promulgated July 4, 1947

United States. Indian Claims Commission - 1947 - 40 pages
...after notice to the adverse party allow the plead'ing to be amended to conform to the offered evidence and shall do so freely when the presentation of the merits of the claim or defense will be subserved thereby and the objecting party fails to satisfy the Commission...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1972 - 220 pages
...that it is not within the issues of the pleadings, the Board, a member thereof, or a hearing examiner may allow the pleadings to be amended and shall do...thereby and the objecting party fails to satisfy the Board, a member thereof, or a hearing examiner that the admission of such evidence would prejudice...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1962 - 778 pages
...that it is not within the issues of the pleadings, the Board, a member thereof, or a hearing examiner may allow the pleadings to be amended and shall do...thereby and the objecting party fails to satisfy the Board, a member thereof, or a hearing examiner that the admission of such evidence would prejudice...
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The Code of Federal Regulations of the United States of America

1974 - 528 pages
...hearing member or examiner may allow the pleadings to be amended within the proper scope of the appeal and shall do so freely when the presentation of the merits of the action will be served thereby and the objecting party falls to satisfy the hearing member or examiner § 210.4 §...
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The Code of Federal Regulations of the United States of America

1992 - 424 pages
...is conclusively established unless the presiding officer on motion permits 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 presiding officer that withdrawal or amendment...
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The Code of Federal Regulations of the United States of America

2005 - 324 pages
...is conclusively established unless the presiding officer on motion permits 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 presiding officer that withdrawal or amendment...
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Code of Federal Regulations: Containing a Codification of Documents of ...

2000 - 316 pages
...is conclusively established unless the presiding officer on motion permits 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 presiding officer that withdrawal or amendment...
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