Tender of Excluded Evidence

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1. If excluded documents were never made part of the record, can an appellate court ordinarily evaluate their actual conte…
2. A party assigns exclusion as error but neither preserves the rejected report nor describes the proposed testimony. It m…
3. A party properly preserves an excluded instrument through Section40 and later appeals an adverse judgment. May the part…
4. Counsel objects to exclusion but deliberately keeps the rejected exhibit out of the record. On appeal, counsel asks the…
5. A report is tendered after exclusion and is available for review. The appellate court examines it but concludes exclusi…
6. Explain why tender matters to an appellate claim that a rejected technical report would have changed the outcome.
7. Distinguish preservation of an excluded instrument from success on an appeal challenging its exclusion.
8. A lawyer says merely protesting exclusion is enough even when the rejected documents never enter the record. Explain th…