2013 (Remedial Law) Bar Exam Questions: Multiple Choice Question 19

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XIX.

Danny filed a complaint for damages against Peter. In the course of the trial, Peter introduced evidence on a matter not raised in the pleadings.

Danny promptly objected on the ground that the evidence relates to a matter not in issue. How should the court rule on the objection? (1%)

(A) The court must sustain the objection.

(B) The court must overrule the objection.

(C) The court, in its discretion, may allow amendment of the pleading if doing so would serve the ends of substantial justice.

(D) The court, in its discretion, may order that the allegation in the pleadings which do not conform to the evidence presented be stricken out.

(E) The matter is subject to the complete discretion of the court.

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