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Evidence: Contradiction Of Collateral Matter, Robert S. Macfarlane

Washington Law Review

It has been said so many times that a party is concluded by the answers of a witness on any collateral matter, that the real rule and the reasons therefor are very generally misunderstood and frequently misapplied. Some cases and some textbooks draw a very clear distinction between impeachment as applied to a collateral matter and contradiction as applied to a collateral matter. The distinguishing feature seems to be found in whether or not the answer sought to be refuted is elicited on direct examination or cross-examination. If an answer given on direct examination is to be disproven it is …