Collateral Facts

Facts not directly connected with the issue or matter in dispute. Such as are offered in evidence to establish the matters or facts in issue.

Garwood v. Garwood, 29 Cal. 521; King v. Chase, 15 N. H. 16, 41 Am. Dec. 675.

Facts offered in evidence at a trial to establish the issue, though not necessarily conclusive thereof.

Freein. Judgm. § 258.

Such facts are inadmissible in evidence; but, as it is frequently difficult to ascertain a priori whether a particular fact offered in evidence will or will not clearly appear to be material in the progress of the cause, in such cases it is usual in practice for the court to give credit to the assertion of the counsel who tenders such evidence, that the facts will turn out to be material. But this is always within the sound discretion of the court. It is the duty of the counsel, however, to offer evidence, if possible, in such order that each part of it will appear to be pertinent and proper at the time it is offered; and it is expedient to do so, as this method tends to the success of a good cause. When a witness is cross-examined as to collateral facts, the party cross-examining will be bound by the answer; and he cannot, in general, contradict him by another witness; Rose. Cr. Ev. 139.