[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR4.108]

[Page 58-59]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents
 
   Subpart C--Special Rules of Practice Before the Interior Board of 
                            Contract Appeals
 
Sec. 4.108  Amendments of pleadings or record.

    (a) The Board may, in its discretion, upon its own initiative or 
upon application by a party, order a party to make a more definite 
statement of the complaint or answer, or to reply to an answer.
    (b) The Board may, in its discretion, and within the proper scope of 
the appeal, permit either party to amend his pleading upon conditions 
just to both parties. When issues within the proper scope of the appeal, 
but not raised by the pleadings or the appeal file, are tried by express 
or implied consent of the parties, or by permission of the

[[Page 59]]

Board, they shall be treated in all respects as if they had been raised 
therein. In such circumstances 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 is is not within the issues 
raised by the pleadings or said appeal file (which shall be deemed part 
of the pleadings for this purpose), it may be admitted within the proper 
scope of the appeal: Provided, however, That the objecting party may be 
granted a continuance if necessary to enable him to meet such evidence.