[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR4.108]



[Page 76]

 

                    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 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 it 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.