[D] Extrinsic Evidence; “collateral matters” Even if a proper foundation had been laid on cross-examination, extrinsic evidence of a prior statement was admissible at common law only if it did not involve a “collateral matter.” The exact definition of what constituted a collateral matter was unclear. Rule 403 should control.
Tuesday, 10 January 2012
In the matters of examining witnesses there are collateral matters that factor into the admissibility of extrinsic evidence. For additional details on collateral matters when dealing with witnesses visit Lexis Nexis.
Posted by Beadie at 15:26