Practice question
A party introduces evidence relevant to an already pleaded issue. The opponent admits it for that limited purpose, but the proponent later claims implied consent to a wholly different unpleaded issue solely from that admission. Which is best?
- Every admitted exhibit conclusively means consent to every possible issue
- The proponent alone decides what the opponent consented to
- The court must determine whether the different issue was actually tried by consent; mere admission for an existing issue does not itself establish that premise
- Any new issue is automatically barred despite actual consent
- Section5 requires a formal amendment in every case
Legal references
- AM19-10-20-SC Rule10 Section5: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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