Opinion
February 26, 1996
In response to the recent per curiam opinion delivered by the Arkansas Court of Appeals in Planters Bank Trust Co. v. Smith, No. CA 95-1156 (February 7, 1996), the Reporter's Notes accompanying Ark. R. Civ. P. 15(b), concerning amendments to conform pleadings to the evidence, are hereby amended to read as follows:
2. Section (b) is identical to FRCP 15(b). It follows prior Arkansas law by permitting amendments to conform to the proof adduced at trial. This rule goes somewhat further, however, by more or less making it mandatory that pleadings be amended to conform to the proof where there has been no objection to such proof. Metropolitan Life Ins. Co. v. Fugate, 313 F.2d 788 (C.C.A. 5th, 1963); Bradford Audio Corp. v. Pious, 329 F.3d 67 (C.C.A. 2nd, 1968). (Emphasis added.)
The amendment corrects an inadvertent omission in the Notes by inserting the word "no" to precede the word "objection" in the phrase "where there has been objection to such proof." This change harmonizes the Notes with the language in Rule 15(b), which grants the court discretion in allowing amendments to the pleadings when an objection is made to the evidence as not being within the pleadings.
This change is effective as of the date of this opinion.