                                 CODE OF VIRGINIA

REMEDY WHEN VARIANCE APPEARS BETWEEN EVIDENCE AND ALLEGATIONS (§ 8.01-377)

If, at the trial of any action, there appears to be a variance between the
evidence and the allegations or recitals, the court, if it consider that
substantial justice will be promoted and that the opposite party cannot be
prejudiced thereby, may allow the pleadings to be amended, on such terms as to
the payment of costs or postponement of the trial, or both, as it may deem
reasonable. Or, instead of the pleadings being amended, the court may direct the
jury to find the facts, and, after such finding, if it consider the variance
such as could not have prejudiced the opposite party, shall give judgment
according to the right of the case.

HISTORY: Code 1950, § 8-217; 1977, c. 617.