COLLATERAL FACTS
(bouvier) | COLLATERAL FACTS evidence. Facts unconnected with the issue or matter in
dispute.
2. As no fair and reasonable inference can be drawn from such facts,
they are inadmissible in evidence, for at best they are useless, and may be
mischievous, because they tend to distract the attention of the jury, and to
mislead them. Stark. Ev. h.t.; 2 Bl. Rep. 1169; 1 Stark Ev. 40; 3 Bouv.
Inst. n. 3087.
3. It is frequently difficult to ascertain a priori, whether a
particular fact offered in evidence, will, or will not clearly appear to be
material in the progress of the cause, and in such cases it is usual in
practice for the court to give credit to the assertion of the counsel who
tenders such evidence, that the facts will turn out to be material; but this
is always within the sound discretion of the court. It is the duty of the
counsel, however, to offer evidence, if possible, in such order that each
part of it will appear to be pertinent and proper at the time it is offered;
and it is expedient to do so, as this method tends to the success of a good
cause.
4. When a witness is cross-examined as to collateral facts, the party
cross-examining will be bound by the answer, and he cannot, in general,
contradict him by another witness. Rosc. Ev. l39.
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