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qid 1399 · 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?

  1. Color pictures of a plastic surgeon operating on the plaintiff showing the incision and bloody surgical tools.
  2. Testimony from the trucking company's insurance company about their willingness to settle the case.
  3. Testimony from a mechanic who inspected the truck after the accident and found it to be in perfect condition.
  4. Testimony of a surprise witness to the accident when the court is willing to grant the trucking company a continuance to prepare for crossexamination.
  5. Testimony from the plaintiff's doctor about her previous health conditions.
  6. 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.
  7. Testimony from the plaintiff's mother about her daughter's pain and suffering.
  8. Testimony concerning subsequent repairs to the truck paid for by the trucking company where they have stipulated to ownership.
  9. Testimony from the truck driver's spouse concerning the driver's habit of speeding.
  10. Photographs of the plaintiff's car before the accident, showing it in a damaged state.

Our answer: D. 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)

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How it was answered

Stored method, replayed by code (kind: formula)

card: formula · card sha256 ab1ce46b6f0650cf…

Current source

Cornell LII, Federal Rules of Evidence Rule 403, Advisory Committee Notes

https://www.law.cornell.edu/rules/fre/rule_403

“the granting of a continuance is a more appropriate remedy than exclusion of the evidence.”

Source quote machine-checked (exact quote)

retrieved 2026-09-18T00:09:35.189Z

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Earlier version (superseded)

https://www.law.cornell.edu/rules/fre/rule_611

Source weak (http_get_200_text_and_question_terms)

retrieved 2026-09-17T01:42:36.340Z

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Earlier version (superseded)

No public source has been found for this card yet (3 places checked internally).

addendum formula_qid1399.formula_ADDENDUM_source · sha256 a7df9d866a89555c…

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