Practice question
Counsel tenders excluded oral testimony by saying only that it would help the client. What is missing from the section 40 description?
- A promise to win the appeal.
- The price of counsel’s services.
- The identified witness’s circumstances and the substance of what the witness would testify to.
- A request to imprison the opposing lawyer.
- The judge’s private political views.
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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