509.500. Amendments to conform to evidence. - Missouri Statutes

Amendments to conform to evidence.

509.500. When issues not raised by the pleadings are triedby express or implied consent of the parties, they shall betreated in all respects as if they had been raised in thepleadings. Such amendment of the pleadings as may be necessaryto cause them to conform to the evidence and to raise theseissues may be made upon motion of any party at any time, evenafter judgment; but failure so to amend does not affect theresult of the trial of these issues. If evidence is objected toat the trial on the ground that it is not within the issues madeby the pleadings, the court may allow the pleadings to be amendedand shall do so freely when the presentation of the merits of theaction will be subserved thereby and the objecting party fails tosatisfy the court that the admission of such evidence wouldprejudice him in maintaining his action or defense upon themerits. The court may grant a continuance to enable theobjecting party to meet such evidence.

(L. 1943 p. 353 § 82)