The defendant files a general denial. No special exceptions are filed. The plaintiff will not be allowed to present evidence on the omitted element if the defendant objects to the evidence at trial. The plaintiff will not be allowed to submit a jury question concerning the element omitted from the pleading if the defendant objects to the submission of the jury question. C. A and B are both correct.
P sues D on a promissory note.
D files a general denial. There is no discovery. On the second day of trial, during the P's evidence, D moves for a trial amendment, seeking to add the affirmative defense of usury by verified pleading. P argues that the motion should be denied because she is surprised by the amendment, and the trial should go on under the active pleadings as they were when the trial began. Neither P nor D presents evidence at the hearing.