509.500. Amendments to conform to 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 subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.
Notes of Decisions
Cited in
89
cases, 1951–2016 · leading case:
Evett v. Corbin, 305 S.W.2d 469 (Mo. 1957).
Evett v. Corbin, 305 S.W.2d 469 (Mo. 1957).
· cites it 14× “Thereafter, on July 12, 1956, plaintiff filed his motion “for leave to amend his petition after judgment, pursuant to Section 509.500 RSMo 1949, V.A.M.S., to cause the pleadings to conform to the evidence offered at the trial” by inserting an additional paragraph charging that…”
Gee v. Gee, 605 S.W.2d 815 (Mo. Ct. App. 1980).
· cites it 6× “In responding to this point respondent cites § 509.500, RSMo 1978 and Payne v. White, 288 S.”
Skelton v. Gen. Candy Co., 539 S.W.2d 605 (Mo. Ct. App. 1976).
· cites it 5× “Inasmuch as it was defendant’s examination of plaintiff that established that plaintiff had fallen in a hole on an incline, the pleading, without formal amendment, should have been treated as if amended to conform to the evidence and issues raised by the implied consent of the…”
Hardy v. Barbour, 304 S.W.2d 21 (Mo. 1957).
· cites it 12× “If it submitted an "insane delusion" which was not pleaded, we would have to consider the trial theory and the applicability of Section 509.500 RSMo 1949, V.A.M.S. As stated, we think that only testamentary incapacity was submitted by instruction No.”
Oldham's Farm Sausage Co. v. Salco, Inc., 633 S.W.2d 177 (Mo. Ct. App. 1982).
· cites it 4× “33 (as then codified in § 509.500, RSMo 1959) would not allow a judgment in excess of the prayer to stand without amendment to the petition, but said that the "rules of civil procedure were not as liberal as they are now.”
Domijan v. Harp, 340 S.W.2d 728 (Mo. 1960).
· cites it 3× “, when did defendant Harp first see deceased and whether he should have seen her sooner, under all the circumstances. Defendants participated in these evidentiary disclosures by showing the dark clothing of deceased, the shadowy conditions of lighting south of the intersection,…”
Brockmann v. O'NEILL, 565 S.W.2d 796 (Mo. Ct. App. 1978).
· cites it 2× “§ 509.500 RSMo 1969; Feltz v. Pavlik, 257 S.”
Feltz v. Pavlik, 257 S.W.2d 214 (Mo. Ct. App. 1953).
· cites it 3× “We hold that a claim upon which relief could be granted is stated. The point that there is a variance between the pleading and proof is ruled against appellants for the reason that the evidence was admitted without objection, the issue was tried by the consent of the parties,…”
Atkins v. Clark, 644 S.W.2d 365 (Mo. Ct. App. 1982).
· cites it 3× “Nor was the defense of the Statute of Limitations pleaded by the defendant.”
Schroeder v. Zykan, 255 S.W.2d 105 (Mo. Ct. App. 1953).
· cites it 3× “His failure to do so was not fatal in this case, however, because of the provision of section 509.500 RSMo 1949, V.A.M.S., that "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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.