Practice question
A witness is prevented from giving a proposed account. Counsel states the name, relevant personal circumstances and expected account for the record. Does that statement itself become the witness’s sworn testimony proving the account true?
- Yes, counsel can always testify for an absent witness.
- No; it records the substance of excluded proposed testimony and does not convert counsel’s description into admitted sworn proof of its truth.
- Yes, cross-examination is automatically completed.
- Yes, all admissibility issues are finally resolved for the offeror.
- No; the Rule prohibits describing excluded oral evidence.
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.
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