Practice question
A party assigns exclusion as error but neither preserves the rejected report nor describes the proposed testimony. It merely asserts the evidence would have been decisive. What is the evidentiary-review problem?
- The reviewing court lacks the preserved material needed to assess that assertion
- The assertion automatically proves the report
- A decisive label eliminates every record requirement
- The opposing party must create the missing report
- Only the trial judge’s name is missing
Legal references
- AM19-08-15-SC, current Rule132 Sections36–40: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
- Fortune Tobacco v CIR, GR192024, July1,2015, MAIN opinion PartB on tender for appeal only; old photocopy rule not relied upon: https://lawphil.net/judjuris/juri2015/jul2015/gr_192024_2015.html
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