§56-4-27. Amendment to cure variance between pleading and proof.
46 words·~1 min read·
/wv/chapter-56-pleading-and-practice/article-4-rules-and-pleading/56-4-27·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If at the trial of any action or motion, there appears to be a variance between the evidence and allegations or recitals, the court, if in its opinion substantial justice will be promoted thereby, may allow the pleadings to be amended to conform to the proof.