Extrinsic Evidence

Extrinsic Evidence

Facts or information not embodied in a written agreement such as a will, trust, or contract.

Extrinsic evidence is similar to extraneous evidence, which is not furnished by the document in and of itself but is derived from external sources. In contract law, Parol Evidence is extrinsic evidence since it is not within a contract but, rather, is oral and outside the instrument.


Parol Evidence.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
(71) The Markman I court recognized that extrinsic evidence plays a part
The most problematic and transparently contradictory aspect of the Federal Circuit's post-Cybor claim construction jurisprudence is its treatment of expert testimony and other extrinsic evidence offered in claim construction hearings.
Extrinsic evidence should not be considered in the absence of ambiguity in the will.
The board held that an examination of extrinsic evidence did not change the result.
More than a century ago, Professor Thayer, speaking to the complexity of the rule, said, "Few things in our law are darker than this, or fuller of subtle difficulties."(2) While the rule is subject to multiple interpretations and formulations, it generally prohibits the admission of extrinsic evidence that contradicts or supplements an integrated written agreement.
The Court also noted this as the correct approach to extrinsic evidence and the ambiguity principle in both noninsurance and insurance contracts.
Unlike most other attempted murder prosecutions for knowing exposure, however, there was no extrinsic evidence of intent.
Although Florida allows an insurer to bring extrinsic evidence to the court when seeking to defeat an obligation to defend, that ability is severely limited by Florida law.
Is there extrinsic evidence that may conflict with policy language?
McClusky ruled that the DA established the existence of the informant through extrinsic evidence.
Such bias and partiality must be established by extrinsic evidence," the court ruled.
Among the key questions for investigators, Tribe said, would be whether there was "extrinsic evidence to corroborate or deny Cohen's account of the conversation between Trump and Don Jr".