When issues not raised by the pleadings and pretrial order are tried by consent or without the objection of the parties, they shall be treated in all respects as if they had been raised in the pleadings and pretrial order. Such amendment of the pleadings and pretrial order 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 shall 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 and pretrial order, the court may allow the pleadings and pretrial order to be amended and shall do so freely when the presentation of the merits of the action will be thereby subserved and the objecting party fails to satisfy the court that the admission of such evidence would be prejudicial in maintaining the action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.
Rule 4:9-2.Amendments to conform to the evidence
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:9-2 treats issues tried by consent or without objection as if they had been pleaded, and lets the pleadings be amended to conform to the evidence at any time, even after judgment.
Full Text of Rule 4:9-2
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:15-2; amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Trials sometimes range beyond the pleadings, and this rule keeps the pleadings in step with what was tried out. Issues raised by the parties’ consent or without objection are treated in all respects as if they had been raised in the pleadings and pretrial order, and the pleadings may be amended to conform — on motion at any time, even after judgment. A failure to amend does not affect the result on those issues.
The rule also handles evidence objected to as outside the pleadings. The court may allow an amendment and should do so freely when it serves the merits, unless the objecting party shows it would be prejudiced, in which case the court may grant a continuance to let that party meet the new evidence.
Frequently Asked Questions
What happens when an issue is tried without objection?
It is treated as if it had been raised in the pleadings and pretrial order, and the pleadings may be amended to conform to the evidence at any time, even after judgment. A failure to amend does not change the result on that issue.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:9-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: amendments to conform to the evidenceissues tried by consentconform to proof