Md. Code Regs. 21.10.06.07

Current through Register Vol. 51, No. 18, September 6, 2024
Section 21.10.06.07 - Amendment of Pleadings or Record

The Appeals Board, upon its own initiative or upon application by a party, may order a party to make a more definite statement of the complaint or answer, or reply to an answer. Within the proper scope of the appeal, the Appeals Board may permit either party to amend its pleading upon conditions just to both parties. When issues within the proper scope of the appeal, but not raised by the pleadings or the documentation described in Regulation .04 are tried by express or implied consent of the parties, or by permission of the Appeals Board, they shall be treated in all respects as if they had been raised. In these instances, motions to amend the pleadings to conform to the proof may be entered, but are not required. If evidence is objected to at a hearing on the ground that it is not within the issues raised by the pleadings or the appeal file documentation (which shall be deemed part of the pleadings for this purpose), it may be admitted within the proper scope of the appeal, except that the objecting party may be granted a continuance if necessary to enable him to meet the evidence.

Md. Code Regs. 21.10.06.07