Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 10 - Energy |
Chapter II - Department of Energy |
Part 703 - CONTRACT APPEALS |
Subpart A - Rules of the Board of Contract Appeals |
Preliminary Procedures |
§ 703.107 - Amendments of pleadings or record.
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(a) The Board upon its own initiative or upon application by a party may, in its discretion, 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 its pleading upon conditions just to both parties. When issues within the proper scope of the appeal, but not raised by the pleadings 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 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, 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 that party to meet such evidence.