Rebutting Evidence

That evidence which is given by a party in the cause to explain, repel, counteract, or disprove facts given in evidence on the other side. The term "rebutting evidence" is more particularly applied to that evidence given by the plaintiff to explain or repel the evidence given by the defendant.

That evidence which is given by a party in the cause to explain, repel, counteract, or disprove facts given in evidence on the other side. The term rebutting evidence is more particularly applied to that evidence given by the plaintiff to explain or repel the evidence given by the defendant. It is a general rule that anything may be given as rebutting evidence which is a direct reply to that produced on the other side; Scott v. Woodward, 2 Mc Cord (S. C.) 161; and the proof of circumstances may be offered to rebut the most positive testimony; Nelson v. U. S., 1 Pet C. C. 235, Fed. Cas. No. 10,116. It is within the discretion of the court to allow evidence in rebuttal which should have been offered in chief; Simons v. People, 150 111. 1019, 36 N. E. 1019. But there are several rules which exclude all rebutting evidence. A party cannot impeach his own witness, though he may disprove, by other witnesses, matters to which he has testified; Gray v. Gray, 3 Litt. (Ivy.) 465; nor can he rebut or contradict what a witness has sworn to which is immaterial to the issue; Smith v. Henry, 2 Bail. (S. C.) 118. Parties and privies are estopped from contradicting a written instrument by parol proof; but this rule does not apply to strangers; Overseers of Berlin v. Overseers, 10 Johns. (N. Y.) 229. But the parties may prove that before breach the agreement was abandoned, or annulled by a subsequent agreement not in writing; Buel v. Miller, 4

Evidence given to explain, repel, counteract, or disprove facts given in evidence by the adverse party. Davis v. Hamblin, 5l Md. 539; Railway Co. v. Wales, 5 OC. D. 170; People v. Page, 1 Idaho, 195; State v. Fourchy, 51 La. Ann. 228, 25 South. 109. Also evidence given in opposition to a presumption of fact or a prima facie case; in this sense, it may be not only counteracting evidence, but evidence sufficient to counteract, that is, conclusive. Fain v. Cornett, 25 Ga. 186

Defined under Evidence in Black's Law Dictionary.