Also known as: extrinsically
Written by attorneys · grounded in primary & secondary sources — see below
Evidence or information derived from sources external to the primary document, instrument, or record under consideration. Such material may be considered to clarify intent, resolve ambiguity, or test credibility when the governing rule permits it.
Eduardo Enriquez testified that he always reported accurate billing data. On cross-examination, opposing counsel asked him about an internal investigation into falsified training records from a prior job. The court permitted the questions because they tested character for truthfulness on cross-examination, but barred any documents or other witnesses from proving the underlying conduct.
Elena Estrada lost a products liability trial after the defendant withheld stability test results in discovery. Months later a former employee revealed the concealment. Estrada moved to set aside the judgment on the ground of the opposing party's misconduct in hiding the evidence.
Select any source to read its text and confirm it supports the definition.
Edgar Evers's will left his ranch to his niece but described the property only by a street address that did not match any parcel he owned. The niece offered surrounding circumstances and neighbor testimony showing Evers had always referred to a different nearby tract as his ranch. The court considered the external facts to determine which property the testator intended to devise.
Esther Eisenberg executed a document labeled her last will that left everything to her boyfriend. He later admitted the signing occurred only to induce her to move in with him. The court admitted testimony about the true purpose and refused to probate the instrument as a will.
Everest Holdings sold software to Emerald Enterprises under a contract that contained both an express warranty of compatibility and a later clause disclaiming all warranties. Emerald offered evidence of pre-contract emails confirming the compatibility promise. The court examined whether the two provisions could reasonably be read together before deciding whether the disclaimer was effective.
Eileen Epstein and her brother signed a writing stating they would each leave their estates to the other's children. After Epstein's death her will left everything elsewhere. The children offered the signed writing plus testimony about the brothers' conversations to prove the contract not to revoke. The court admitted the external evidence to establish the terms.
Rule 608(b) prohibits extrinsic evidence of specific instances of conduct offered to prove a witness's character for truthfulness. Counsel may inquire about such instances on cross-examination but must accept the witness's answer and cannot introduce documents or other witnesses to contradict it.
Yes. The rule expressly covers fraud whether previously labeled intrinsic or extrinsic, along with misrepresentation or misconduct by an opposing party, as a ground for relief from judgment.
All relevant evidence, whether direct or circumstantial, may be considered, including the text of the donative document and relevant extrinsic evidence, when seeking to determine the donor's intention.
A document that on its face appears to be a will raises only a rebuttable presumption of testamentary intent. Extrinsic evidence is admissible to show the document was executed for a collateral, non-testamentary purpose and therefore is not effective as a will.
…23.) As we have repeatedly held, the authoritative statement is the statutory text, not the legislative history or any other extrinsic material. Extrinsic materials have a role in statutory interpretation only to the extent they shed a reliable light on the enacting Legislature's understanding of otherwise ambiguous terms.…