discretion of the court
When, if at all, may a court consider issues not presented in the bill of particulars or grounds of defense?
Re: discretion of the court
Likely depends upon at what stage of the case the issue(whether substantive or procedural) is brought up before the court, and whether it constitutes what might be termed a core issue with respect to the plaintiff's claim(s) or defendant's ground(s) of defense or something collateral or peripheral thereto.
