Civil Procedure Multistate Bar Practice Exam

What does "variance" refer to in the context of a trial?

1. When a party fails to submit evidence

2. When the evidence presented does not match what was pleaded

3. A change of venue

4. When parties submit conflicting evidence

The correct answer is: When the evidence presented does not match what was pleaded

In the context of a trial, "variance" refers specifically to a situation where the evidence presented at trial does not align with what was originally pleaded in the complaint or answer. This concept is critical because it can impact the fairness of the trial and the ability of the other party to prepare an adequate defense or response. The law generally requires that parties stick to the claims and defenses they have articulated in their pleadings. When there is a variance, it may allow for the introduction of new evidence or arguments that were not initially specified, potentially leading to unfair surprises for the opposing party. This concept is fundamental in ensuring that the trial remains focused on the issues that have been properly raised and to facilitate an orderly process. Moreover, it ensures that all parties have the opportunity to address and respond to the specific claims or defenses being presented, thus upholding the principles of due process and fair trial.