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qid 1398 · law
Question: A plaintiff sued a trucking company for injuries allegedly suffered when a speeding truck jackknifed and struck her car. Which of the following pieces of evidence, if offered by the plaintiff, is most likely to be admitted by the court?
- Testimony from the plaintiff's doctor about her previous health conditions.
- Testimony of a surprise witness to the accident when the court is willing to grant the trucking company a continuance to prepare for crossexamination.
- Testimony from the plaintiff's boss concerning the amount of time she has missed work, when payroll records had already been admitted as evidence of the plaintiff's lost wages.
- Testimony from the plaintiff's mother about her daughter's pain and suffering.
- Testimony concerning subsequent repairs to the truck paid for by the trucking company where they have stipulated to ownership.
- Testimony from the trucking company's insurance company about their willingness to settle the case.
- Color pictures of a plastic surgeon operating on the plaintiff showing the incision and bloody surgical tools.
- Testimony from a mechanic who inspected the truck after the accident and found it to be in perfect condition.
- Testimony from the truck driver's spouse concerning the driver's habit of speeding.
- Photographs of the plaintiff's car before the accident, showing it in a damaged state.
Our answer: B. Testimony of a surprise witness to the accident when the court is willing to grant the trucking company a continuance to prepare for crossexamination. Source quote machine-checked (exact quote)
How it was answered
Stored method, replayed by code (kind: formula)
Current source
Federal Rules of Evidence, Rule 403, Advisory Committee Notes (Cornell LII)
https://www.law.cornell.edu/rules/fre/rule_403
Source quote machine-checked (exact quote)
Earlier version (superseded)
https://www.law.cornell.edu/rules/frcp/rule_37
Source weak (http_get_200_text_and_question_terms)
Earlier version (superseded)
https://www.law.cornell.edu/rules/frcp/rule_37
Source weak (http_get_200_text_and_question_terms)
Earlier version (superseded)
No public source has been found for this card yet (3 places checked internally).