Also known as: external evidence
Written by attorneys · grounded in primary & secondary sources — see below
Evidence drawn from sources outside a writing, instrument, or witness's present testimony. Such evidence may be admitted to interpret ambiguous language, prove a witness's prior inconsistent statement, or establish a donor's intent, subject to rules that often bar its use to prove specific instances of conduct for character impeachment.
Select any source to read its text and confirm it supports the definition.
In a malpractice trial, Rivera seeks to introduce a bar grievance file alleging that attorney Dalton lied about presenting a settlement in a prior case. The court excludes the file itself because it constitutes extrinsic evidence offered solely to attack Dalton's character for truthfulness. Counsel may still ask Dalton about the incident on cross-examination but cannot prove the prior act with the document.
Testator's will leaves property described as 'the lot on Maple Street' but the testator never owned that parcel. A neighbor testifies that the testator always referred to an adjacent lot he did own as the Maple Street property. The court admits the neighbor's testimony as extrinsic evidence to determine the donor's intention and construes the will to pass the intended lot.
A document recites that it is the testator's last will and leaves everything to a girlfriend. Evidence shows the testator executed it only to induce the girlfriend to spend the night and never intended it to have testamentary effect. The court admits the surrounding circumstances as extrinsic evidence and refuses to probate the instrument as a will.
A sales contract contains an express warranty that goods are fit for a stated purpose and also contains a clause attempting to disclaim all warranties. Because the two provisions cannot reasonably be reconciled, the court refuses to enforce the disclaimer and treats the express warranty as controlling under the rule governing extrinsic evidence.
Two siblings sign a writing stating that each will leave the family business to the survivor. After one dies, the survivor revokes the will. The court admits the signed writing and extrinsic evidence of the surrounding negotiations to establish the existence and terms of the contract not to revoke.
A witness testifies that all safety inspections occurred the week before an accident. The opposing party offers inspection logs showing the inspections were four months overdue. The court requires that the witness first be given an opportunity to explain or deny the logs before the extrinsic evidence of the prior inconsistent statement may be admitted.
Under Rule 608(b), specific instances of conduct probative of truthfulness may be inquired into on cross-examination in the court's discretion, but extrinsic evidence such as documents or other witnesses may not be introduced to prove those instances except for qualifying convictions under Rule 609.
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…to its performance. The condition or state of things need not be expressly specified in the contract if it clearly appears by extrinsic evidence to have been assumed by the parties to be the foundation of the contract, and the event which causes the impossibility is of such a character that it cannot reasonably be supposed to have…
…of a court of general jurisdiction, such jurisdiction over the cause and the parties is to be presumed unless disproved by extrinsic evidence, or by the record itself.” Adam v. Saenger, supra , at p. 62. In such case the full faith and credit clause of the Constitution precludes any inquiry into the merits of the cause of…
…to depend on the confession' will, in the long run, be less reliable and more subject to abuses than a system which depends on extrinsic evidence
…testified that Richardson had informed him that Stevens’s mid-April visit had lasted only one night. This testimony constituted extrinsic evidence
…which confronts the party claiming the exception, there are many blatant abuses of privilege which cannot be substantiated by extrinsic evidence
Yes. The rule provides that extrinsic evidence of a prior inconsistent statement is not admissible until the witness has been given an opportunity to explain or deny the statement and an adverse party has been given an opportunity to examine the witness about it, unless the court orders otherwise.
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All relevant evidence, direct or circumstantial, including the text of the donative document and extrinsic evidence, may be considered to determine the donor's intention. Modern authorities admit such evidence to resolve ambiguities or correct mistakes shown by clear and convincing proof.
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Words creating an express warranty and words negating or limiting a warranty are construed as consistent whenever reasonable. Negation or limitation is inoperative to the extent the construction is unreasonable, and the parol evidence rule of section 2-202 further restricts contradictory extrinsic evidence.
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