Evidence-Wellborn SU2006 Outline

Texas rule 613 o retains the foundation requirement

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Unformatted text preview: "extrinsic evidence"; "collateral matters" Extrinsic evidence is not admissible to contradict the witness on a collateral matter solely for purposes of impeachment. Debate as to what is extrinsic evidence o Duality here is that you can cross-examine the target no matter what, whereas calling another witness is clearly extrinsic...a document that requires any foundation from another witness is clearly extrinsic. o Grey area = what about a document that you can lay a foundation for out of the mouth of the target during cross. Not extrinsic to ask her about it, and to ask her to read from it...but it might be extrinsic to introduce it into evidence. Using a document that you don't actually use as an exhibit but you simply ask the witness to read and ask her questions about it is simply cross-examination, is not extrinsic. Extrinsic evidence is not admissible simply to contract the witness on a solely collateral matter: o What is a collateral matter? Defined in a technical and artificial way...common parlance meaning sounds like it would mean anything that is not directly rel...
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