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.

Cross-references

Parol Evidence.

References in periodicals archive ?
pdf     Right to Complete Defense Harmless Error Appellant challenged his conviction for violating an order for protection, arguing that his constitutional right to present a defense was violated when the District Court denied his requests to admit extrinsic evidence of three prior instances when the victim recanted allegations of OFP violations and domestic abuse by appellant.
On appeal, Biers claims that the district court abused its discretion by excluding extrinsic evidence of Clines retaliatory intent and that the district court erred in finding that no reasonable juror could find retaliation.
Second, even if a request is vague as to an individual target, extrinsic evidence may identify the person sufficiently to trigger coverage.
Both contract scholars and courts are divided over whether to admit extrinsic evidence to interpret disputed contracts.
The governor also failed to provide extrinsic evidence establishing bias, bad faith, malice or corrupt purpose, in addition to a palpable error present in any decision or order Hernandez rendered, that he was being instructed or influenced by Ong.
These sources of context are known as extrinsic evidence.
The decisions traverse various issues, including the paramountcy of testamentary freedom in the history of succession law, the extent to which public policy considerations may curtail that freedom of testation, principles in the construction of wills, and the admissibility of extrinsic evidence in succession matters.
Extrinsic evidence such as expert testimony and dictionary definitions is only considered if a claim term's meaning remains ambiguous after this first step.
Tenders Will Be Evaluated Based On The Contents On The Tender Itself Without Recourse To Extrinsic Evidence.
16) When language is ambiguous, circumstances surrounding the execution of the will, as well and other extrinsic evidence, is admissible to clarify the ambiguity.
Without this interpretive tool, the Aleynikov Court remanded the case to the district court to consider extrinsic evidence regarding the meaning of the term "officer" in the company's bylaws -- specifically, "course of dealing" evidence and "trade usage" evidence.