When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleading as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.
Rule 15.02.Amendments to conform to the evidence.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceTreats issues tried with the parties' express or implied consent as if raised in the pleadings, allows amendment to conform pleadings to the evidence at any time including after judgment, and directs courts to allow amendment over objection unless it would prejudice the objecting party.
Full Text of Rule 15.02
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 15.02 deals with the gap between what a pleading says and what gets tried. When both sides try an issue that wasn't raised in the pleadings -- whether they agree to it outright or go along with it without objecting -- the rule treats that issue as if it had been pleaded all along. A party can move to amend the pleadings to match what was tried at any time, even after judgment, and the failure to make that motion doesn't change the outcome of the trial on those issues.
The rule also covers what happens when one side objects at trial that evidence falls outside the pleadings. The court can allow the pleadings to be amended on the spot, and must do so freely when amendment would serve the merits of the case and the objecting party can't show that admitting the evidence would prejudice its case or defense. If the objecting side needs time to respond to the new evidence, the court can grant a continuance.
Frequently Asked Questions
What happens if the parties try an issue that wasn't in the pleadings?
Rule 15.02 treats an issue tried by express or implied consent as if it had been raised in the pleadings, whether or not anyone ever moves to amend to add it formally.
Can pleadings be amended after judgment has already been entered?
Yes. Rule 15.02 allows a motion to amend the pleadings to conform to the evidence at any time, including after judgment, though failing to amend doesn't affect the result of the trial on those issues.
What if I object to evidence because it's outside the pleadings?
The court may allow the pleadings to be amended, and Rule 15.02 requires it to do so freely when amendment would serve the merits and you can't show the evidence would prejudice your case. You can also ask for a continuance to respond to the new evidence.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 15.02). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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