Collateral Evidence
Share
In evidence law, collateral evidence refers to evidence that is introduced for a purpose other than proving or disproving a fact that is directly in dispute in a case. Collateral evidence is typically introduced to impeach or attack the credibility of a witness rather than to establish the truth of a particular fact in the case.
Impeachment of witness credibility: The primary purpose of collateral evidence is to impeach or challenge the credibility of a witness. This means that it is used to show that a witness may not be trustworthy or reliable in their testimony. It is often employed when a party believes that a witness is not telling the truth or has a motive to lie.
Limited purpose: Collateral evidence may be admissible in court, but its admissibility is typically limited to its relevance in impeaching a witness's credibility. It should not be used to prove a substantive fact directly related to the main issues in the case.
Balancing test: Judges have the authority to determine whether collateral evidence should be admitted based on a balancing test. They consider the probative value of the evidence (i.e. how much it helps in impeaching credibility) against its potential to confuse the jury or waste time in the trial.
Relevance to credibility: For collateral evidence to be admissible, it must be relevant to the issue of the witness's credibility. This means that it should have some bearing on whether the witness is truthful or has a motive to lie. Irrelevant collateral evidence is generally not admissible.
Examples: If a witness testifies to having an excellent memory, and the opposing party wants to introduce evidence of prior inconsistent statements made by the witness in unrelated situations to challenge this claim, that would be considered collateral evidence. If a witness testifies that they have never been convicted of a crime, and the opposing party wants to introduce evidence of the witness's prior criminal convictions to impeach their credibility, this is another example of collateral evidence.
In summary, collateral evidence is evidence introduced primarily to attack the credibility of a witness rather than to directly prove or disprove facts in the case. Its use is subject to limitations, and it must be relevant to the issue of witness credibility. The admissibility of collateral evidence is determined by the judge, who weighs its probative value against its potential for confusion or prejudice in the trial.
Impeachment of witness credibility: The primary purpose of collateral evidence is to impeach or challenge the credibility of a witness. This means that it is used to show that a witness may not be trustworthy or reliable in their testimony. It is often employed when a party believes that a witness is not telling the truth or has a motive to lie.
Limited purpose: Collateral evidence may be admissible in court, but its admissibility is typically limited to its relevance in impeaching a witness's credibility. It should not be used to prove a substantive fact directly related to the main issues in the case.
Balancing test: Judges have the authority to determine whether collateral evidence should be admitted based on a balancing test. They consider the probative value of the evidence (i.e. how much it helps in impeaching credibility) against its potential to confuse the jury or waste time in the trial.
Relevance to credibility: For collateral evidence to be admissible, it must be relevant to the issue of the witness's credibility. This means that it should have some bearing on whether the witness is truthful or has a motive to lie. Irrelevant collateral evidence is generally not admissible.
Examples: If a witness testifies to having an excellent memory, and the opposing party wants to introduce evidence of prior inconsistent statements made by the witness in unrelated situations to challenge this claim, that would be considered collateral evidence. If a witness testifies that they have never been convicted of a crime, and the opposing party wants to introduce evidence of the witness's prior criminal convictions to impeach their credibility, this is another example of collateral evidence.
In summary, collateral evidence is evidence introduced primarily to attack the credibility of a witness rather than to directly prove or disprove facts in the case. Its use is subject to limitations, and it must be relevant to the issue of witness credibility. The admissibility of collateral evidence is determined by the judge, who weighs its probative value against its potential for confusion or prejudice in the trial.
