Define: Collateral Matter

Collateral Matter
Collateral Matter
Quick Summary of Collateral Matter

Collateral matter refers to evidence that is unrelated to the main point under discussion. For instance, if an individual makes an error regarding a minor detail, the opposing party is not allowed to present evidence to contradict them. They can only seek clarification through questioning.

Full Definition Of Collateral Matter

Collateral matter refers to evidence that is deemed irrelevant to the case and therefore cannot be introduced for a relevant purpose. For instance, if a witness makes an error in testifying about a detail that has no bearing on the facts of the case, the opposing party cannot present witnesses to contradict that point. Instead, cross-examination alone must be relied upon. To illustrate, let’s consider a trial where a witness claims to have seen the defendant wearing a blue shirt on the day of the crime. While the fact that the witness saw the defendant is relevant, the color of the shirt is not. If the defence attempts to call a witness to dispute the color of the shirt, the judge may rule it as collateral matter and prohibit the presentation of such evidence. In summary, collateral matter encompasses evidence that lacks relevance to the case, and the judge may disallow its presentation if it is deemed irrelevant.

Collateral Matter FAQ'S

A collateral matter refers to a legal issue that is related to the main issue in a case but is not directly relevant to it.

Yes, a collateral matter can have an impact on the outcome of a case, especially if it is related to the credibility of a witness or evidence presented.

Examples of collateral matters include a witness’s criminal history, a party’s financial situation, or a party’s personal relationships.

Yes, a collateral matter can be introduced as evidence in court if it is relevant to the case and meets the rules of evidence.

Yes, a collateral matter can be used to impeach a witness if it is relevant to their credibility.

Yes, a collateral matter can be used to support a defence or claim if it is relevant and admissible.

Yes, a collateral matter can be the basis for a separate legal action if it meets the requirements for a separate cause of action.

Yes, a collateral matter can be resolved through alternative dispute resolution if both parties agree to address it in that forum.

Yes, a collateral matter can be waived or forfeited if a party fails to raise it in a timely manner or if they agree to waive it.

Yes, a collateral matter can be appealed if it was improperly handled or if it had a significant impact on the outcome of the case.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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