Under Rule 15(b), how are issues tried by consent treated?

Issues that are tried by consent under Rule 15(b) are treated as if they were raised in the pleadings. This means that if both parties proceed with a matter without formally amending the pleadings to include that issue, the court will still recognize those issues as if they had been properly included from the outset.

This provision allows for a more flexible and pragmatic approach in the trial process, facilitating the resolution of disputes based on the actual issues that the parties have tried, rather than strictly adhering to the original pleadings. For instance, if both parties introduce evidence or arguments regarding an issue not explicitly stated in the initial pleadings, they consent to the issue being tried. The court acknowledges this consent by treating the issue as if it had been part of the original pleadings, allowing it to consider the matter and render a decision without the need for formal amendment.

This rule encourages efficiency in the litigation process, as it prevents the unnecessary delay of requiring an official amendment to the pleadings when all parties are in agreement regarding the issues at hand.