Practice question
A party tenders an excluded letter and later asks the trial court to find liability solely from it, without any change in the exclusion ruling. The party says that inclusion in the record necessarily means substantive admission. Is that correct?
- Yes, every item in a file is admitted evidence.
- Yes, tender eliminates all objections.
- Yes, the exclusion ruling silently disappears.
- No; the court must distinguish preservation of excluded material from its admission for merits consideration.
- No; the letter must be physically destroyed.
Legal references
- https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html — Rule 132 section 40: tender of excluded documentary, object and oral evidence; sections 34 and 38: offer and ruling remain distinct.
Answer this question in flashcards to review your response and continue practicing.