8.01-377 - Remedy when variance appears between evidence and allegations. - Virginia Statutes

§ 8.01-377. Remedy when variance appears between evidence and allegations.

If, at the trial of any action, there appears to be a variance between theevidence and the allegations or recitals, the court, if it consider thatsubstantial justice will be promoted and that the opposite party cannot beprejudiced thereby, may allow the pleadings to be amended, on such terms asto the payment of costs or postponement of the trial, or both, as it may deemreasonable. Or, instead of the pleadings being amended, the court may directthe jury to find the facts, and, after such finding, if it consider thevariance such as could not have prejudiced the opposite party, shall givejudgment according to the right of the case.

(Code 1950, § 8-217; 1977, c. 617.)