Define: Extrinsic Evidence

Extrinsic evidence refers to any evidence that is presented in a legal proceeding but is not part of the actual written document or contract in question. It includes any evidence that is external to the document itself, such as witness testimony, expert opinions, or other documents.

Extrinsic evidence can be used when there is ambiguity or uncertainty in the written document or contract. It can help clarify the intent of the parties involved or provide additional context to aid in interpretation.

In general, extrinsic evidence cannot be used to contradict the terms of a clear and unambiguous written contract. However, if there is ambiguity or a mistake in the contract, extrinsic evidence may be admissible to clarify the true intent of the parties.

The Parol Evidence Rule is a legal principle that restricts the use of extrinsic evidence to contradict or vary the terms of a written contract that is intended to be the complete and final expression of the parties’ agreement. It aims to promote the stability and predictability of written contracts.

Yes, there are exceptions to the Parol Evidence Rule. Extrinsic evidence may be admissible if it is used to explain or interpret ambiguous terms, establish fraud, duress, mistake, or illegality, or show a subsequent modification or waiver of the contract.

Yes, extrinsic evidence can be used to prove the intent of the parties if the contract is ambiguous or unclear. It can help the court understand the context in which the contract was formed and the intentions of the parties involved.

Extrinsic evidence is typically presented through witness testimony, expert opinions, or other documents that are relevant to the interpretation of the contract. It is important to follow the rules of evidence and ensure that the evidence is properly authenticated and relevant to the case.

Extrinsic evidence can be used in criminal cases, but its admissibility may be subject to different rules and standards compared to civil cases. The rules of evidence and the specific circumstances of the case will determine whether extrinsic evidence is admissible.

The judge plays a crucial role in determining the admissibility of extrinsic evidence. They will evaluate the relevance, authenticity, and credibility of the evidence and decide whether it should be admitted or excluded based on the applicable rules of evidence.

Yes, extrinsic evidence can be used in arbitration or alternative dispute resolution proceedings, subject to the rules and procedures of the specific forum. The arbitrator or mediator will determine the admissibility and weight of the extrinsic evidence based on the applicable rules and principles.