Issues tried by consent; amendment. In deciding motions under rule 1.1003 or

1.1004, the court shall treat issues not embraced in the pleadings but actually tried by express or implied consent of the parties as though they had been pleaded. Either party may then amend to conform the party’s pleadings to such issues and the evidence upon them; but failure so to amend shall not affect the result of the trial. [Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]