Also known as: dehors the deed · dehors the record · outside the instrument · extrinsic evidence
Written by attorneys · grounded in primary & secondary sources — see below
Evidence or facts external to and independent of a written instrument.
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Demetrius Douglas testified at trial. The opposing lawyer sought to question him about a prior false statement made in an unrelated business deal. No document in the case recorded that statement. The court permitted the inquiry on cross-examination because the matter lay dehors the instrument and bore on credibility.
Dominic Drake executed a trust that left his art collection to a museum. The document omitted any reference to a separate letter he wrote directing the museum to sell certain pieces. The court admitted the letter as evidence dehors the instrument to determine the donor's true intention.
Danielle Dixon signed a document labeled her last will that left everything to her boyfriend. Evidence showed she executed it only to induce him to marry her. The court considered facts dehors the instrument and refused to probate the document as a will.
Dylan Duffy bought equipment from Dawson Steel after the seller orally assured him the goods were new. The written contract contained a general disclaimer. The court looked to evidence dehors the instrument to decide whether the oral assurance and disclaimer could be reconciled.
Dustin Donovan and his sister signed a writing promising not to revoke mutual wills. The wills themselves contained no reference to the agreement. The court required a separate signed writing or express will reference plus extrinsic proof dehors the instrument to enforce the contract.
Diane Dawson testified that she never discussed a disputed transaction. The opponent offered a prior email contradicting her testimony. The court required that Dawson first be given a chance to explain or deny the email before admitting the extrinsic statement dehors the instrument.
Extrinsic evidence is admissible when the written instrument is silent on a required element such as delivery of a deed or donor intent. Courts admit the evidence to establish facts that do not appear on the face of the document itself.
Supporting sources
The parol evidence rule bars evidence that contradicts a completely integrated writing. It does not bar evidence dehors the instrument offered to clarify intent or to prove a collateral matter the parties would naturally omit from the writing.
Supporting sources
A defective notary certificate on a will may require extrinsic evidence dehors the instrument to prove due execution. The absence of required recitals means the will is treated as merely attested rather than self-proved.
…however, this was an alternative reason set forth in the Keyser opinion. Moreover, the statement was not based upon any extrinsic evidence, but was an inference drawn by this Court from the will itself. The same could be said about Dr. Coggins’s last will. In December 1962, when the will was drawn, Dr. Coggins or the scrivener…