Tender of Excluded Evidence

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1. What may the offeror do when a document or thing offered as evidence is excluded under section 40?
2. What does section 40 permit the offeror to state for excluded oral evidence?
3. Does tender of excluded evidence itself make that evidence admitted for deciding the merits?
4. A court excludes a proposed technical report. The proponent wants the record to show exactly what was rejected. What is…
5. Counsel tenders excluded oral testimony by saying only that it would help the client. What is missing from the section …
6. A party tenders an excluded letter and later asks the trial court to find liability solely from it, without any change …
7. A witness is prevented from giving a proposed account. Counsel states the name, relevant personal circumstances and exp…
8. State how Rule 132 section 40 treats excluded documents or things and excluded oral testimony.
9. Explain why tender of excluded evidence is distinct from its formal offer and admission.
10. What should a useful tender of excluded oral testimony communicate, and what should it not be confused with?
11. What appellate purpose does Fortune Tobacco identify for a proper tender of excluded evidence?
12. Does tender itself guarantee that the appellate court will reverse exclusion?