Framing The Issue for Trial

Question 1

Thomas v. Davis (2001)

Answer 1

The purpose of the pleadings is to frame the issues for trial and permit the parties to frame their
presentations accordingly. This later function is especially important because Midlands, unlike
most jurisdictions, does not permit the plaintiff to call rebuttal witnesses or the defendant to alter
its decision about which witnesses to call after hearing the plaintiff’s evidence. Accordingly, it is
highly inappropriate for a party that has alleged or denied something in its complaint or answer to
seek to prevent its adversary from presenting otherwise admissible evidence that relates to that
thing by asserting that it is no longer interested in alleging or contesting that particular thing.
Parties may, of course, choose which evidence they wish to present and which arguments they
wish to emphasize, but the time for amending one’s pleadings is well before the court convenes
for purposes of trial.

Question 2

Verbaarschott v. Lee (2005)

Answer 2

A factual allegation in a complaint that is admitted by the defendant in its answer should not be
excluded at trial as irrelevant or moot if that information would be useful to the jury in evaluating
other aspects of the case that remain in dispute.