A variance between the proof on the trial and the allegations in pleading must be disregarded as immaterial unless the court is satisfied that the adverse party has been misled to the party's prejudice by the variance.
Mont. Code Ann. § 25-31-523
Variance
En
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.