id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-2357	Harvey, William F.	Civil Procedure and Jurisdiction	1980	32	.pdf	application/pdf	15729	799	66	Thus, under Trial Rule 15(B), the issue was tried by the implied consent of the parties and treated as if it had been raised by the pleadings.'99 the notice provision in the tort claim statute was a procedural precedent which could be tolled by incompetency or waived under Trial Rule 8(C) by the defendant's failure to assert the plaintiff's noncompliance in the responsive pleading. •''The Indiana court held that Washington v. Texas, 388 U.S. 14 (1967), was distinguishable because here no arbitrary decision or rule or statute had been invoked to totally deny the defendant the right to call any one of a class of witnesses to testify.	cache/inlawrev-2357.pdf	txt/inlawrev-2357.txt