Practice question
An unpleaded issue is actually tried with both parties’ express consent. A litigant then argues that the result is ineffective solely because no formal conforming amendment was filed. Under current Section5, which is best?
- The issue is treated as pleaded and no conforming amendment is necessary under that provision
- A formal amendment is always indispensable despite consent
- Consent at trial can never matter
- The court must ignore all evidence on the issue
- Every new issue automatically creates subject-matter jurisdiction
Legal references
- AM19-10-20-SC Rule10 Section5: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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