IA · rules
Iowa R. Civ. P. 1.457
Amending to conform to the evidence
When issues not raised by the pleadings are
tried by express or implied consent of the parties, they shall be treated in all respects as if they had
been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to
conform to the evidence and to raise these issues may be made upon motion of any party at any time,
even after judgment; but failure so to amend does not affect the result of the trial of these issues. 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 served thereby and the objecting party fails to satisfy the court that the
admission of such evidence would prejudice that party in maintaining the action or defense upon the
merits. The court may grant a continuance to enable the objecting party to meet such evidence.
History
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Provenance
- Source
- www.legis.iowa.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
c961b80364f8359ec9ad17387badbc67184fa9b026e385d9712702abe9dc49e5
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