Also known as: extraneous evidences · irrelevant evidence · extrinsic evidence
Written by attorneys · grounded in primary & secondary sources — see below
Evidence originating from a source other than the primary document or the witness's own testimony. It is received to clarify ambiguous terms, prove intent, impeach credibility through prior statements or conduct, or establish facts not apparent from the face of the record.
During trial Elijah Edwards testified that he had never falsified business records. Defense counsel asked whether Edwards had once submitted inflated invoices to a prior employer. The court permitted the question on cross-examination because the inquiry tested truthfulness but refused to allow the defense to call the former employer as a witness to prove the incident.
Eileen Epstein's will left her art collection to a museum but was silent on investment accounts. The drafting attorney produced contemporaneous letters showing Epstein intended the accounts to accompany the art. The court admitted the letters to determine donative intent and directed that the accounts pass with the collection.
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Ella Emerson signed a document reciting that it was her last will and leaving her house to a friend. Evidence showed she executed the paper only to induce the friend to marry her and never intended it as a testamentary instrument. The court received the surrounding evidence and refused probate.
Empire Logistics sold machinery to Emerald Enterprises under a contract stating the goods were free of defects. A separate clause purported to disclaim all warranties. Because the two provisions could not reasonably be reconciled, the court admitted evidence of the parties' negotiations to determine whether any warranty survived.
Eugene Ellsworth promised his niece in a signed letter that he would leave her his ranch if she cared for him. After Ellsworth died the niece offered the letter together with the will that omitted her. The court admitted the letter as extrinsic evidence establishing the contract and enforced the promise.
Emanuel Escobar testified that he saw the defendant at the scene. On cross-examination he denied telling police the defendant was absent. The court required the defense to confront Escobar with the statement and give him a chance to explain before offering the police report as extrinsic evidence of inconsistency.
Under Rule 608(b) extrinsic evidence of specific instances of conduct is inadmissible to prove character for truthfulness except through cross-examination when the instances are probative of truthfulness. A criminal conviction under Rule 609 remains separately admissible.
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Rule 613(b) bars admission of extrinsic evidence of a prior inconsistent statement until the witness has been given an opportunity to explain or deny the statement and an adverse party has examined the witness about it.
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Restatement (Third) of Property section 10.2 permits all relevant evidence, including extrinsic evidence, to determine the donor's intention when the text of the donative document is ambiguous or incomplete.
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Yes. Evidence that the document was executed as a sham for a collateral purpose, such as inducing conduct by another, may show lack of testamentary intent and prevent probate.
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…Cellmark’s profile was accurate, Lambatos’ testimony would be irrelevant, but the Confrontation Clause bars not the admission of irrelevant evidence, but the admission of testimonial statements by declarants who are not subject to cross-examination. Here, the trial record does not lack admissible evidence with respect to the source of…