Also known as: aliunde evidence · extrinsic evidence
Written by attorneys · grounded in primary & secondary sources — see below
Extrinsic evidence introduced from outside a written instrument to explain, clarify, or supplement its terms. Such evidence is admissible when the document contains ambiguity or when a rule of evidence or construction expressly permits resort to outside facts.
Edward Everett sued Eastern Electric for breach after a disputed performance review surfaced. On cross-examination counsel asked the witness about an unproven internal investigation into falsified training records. The court sustained the objection because the inquiry sought to prove a specific instance of conduct through extrinsic evidence rather than through permitted cross-examination questions.
Ezra Eastman left a will devising "the north pasture." The devisee offered testimony that the testator had always referred to a particular twenty-acre parcel by that name. The court admitted the testimony to identify the land the testator intended to pass.
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Edith Eberhardt executed a document labeled "Last Will and Testament" that left her estate to a former companion. Heirs introduced evidence that she signed the paper only to induce the companion to resume their relationship. The court held the instrument ineffective as a will.
Ewan Eckhart bought industrial equipment from Eclipse Manufacturing under a written contract that contained an express warranty of fitness. The seller later pointed to an earlier oral statement limiting the warranty. The court refused to give effect to the limitation because it could not be reconciled with the written warranty.
Emmett Egan and Echelon Security signed a letter stating that Egan would leave his shares to the company. After Egan's death the company offered a separate signed writing confirming the promise. The court admitted the writing to establish the contract terms under the probate code.
Edgar Evers testified that all safety inspections had been completed. Opposing counsel offered a video of Evers stating the opposite at a community meeting. The court excluded the video because Evers had not first been given an opportunity to explain or deny the statement.
Evidence aliunde is admissible when the will contains a latent ambiguity in property descriptions or party identifications. Courts permit surrounding circumstances and extrinsic facts to identify the intended property or beneficiary without altering the will's terms.
Rule 608(b) prohibits extrinsic evidence offered to prove specific instances of conduct for the purpose of attacking or supporting a witness's character for truthfulness. Inquiry on cross-examination is permitted when the instance is probative of truthfulness, but the examiner must accept the witness's answer.
Under Rule 613(b) the witness must ordinarily be given an opportunity to explain or deny the statement and an adverse party must be given an opportunity to examine the witness about it before extrinsic evidence is admitted.
A contract to make or not revoke a will may be established by an express reference in a will together with extrinsic evidence proving the contract terms or by a separate signed writing evidencing the contract.
…authority and help as participants in the scheme. Unlawful administration of a State statute fair on its face may be shown "by extrinsic evidence showing a discriminatory design to favor one individual or class over another not to be inferred from the action itself," Snowden v. Hughes , 321 U. S. 1, 8; here, the county election…