MBE Question of the Day – Answer

(D) is correct.

Issue: Whether evidence that addresses a collateral matter is admissible.

Rule: The collateral evidence rule states that extrinsic or collateral evidence may not be used to
impeach a witness who testified on a collateral matter. Extrinsic or collateral evidence is evidence
that is not central or directly relevant to the issue at hand.

Analysis: Here, the action is a civil suit in which the professor is suing for his injuries suffered in
an automobile accident with the defendant. The defendant is seeking to introduce a registration
form that contradicts a statement made by the professor regarding an exam that the professor was
scheduled to take. The professor stated that he was scheduled to take the exam three weeks after the
accident and the form indicated the exam was actually four weeks after the accident. The week
difference between the professor’s testimony and the registration form is not material to any issue in
the case, namely the defendant’s responsibility for the accident and the professor’s injuries. There is
no issue that the registration form would tend to prove or disprove. As such, the evidence is
irrelevant and not material.

(D) is correct because the time lapse does not have any tendency to prove or disprove any issue in
the case; it is a collateral matter that is irrelevant to the claims and defenses being litigated.

(A) is incorrect because the registration form is relevant to the time period, but the time period
itself is irrelevant to the issues being litigated.

(B) is incorrect because no one is testifying as to facts surrounding the registration form.

(C) is incorrect because the issue is the materiality and relevance of the form not whether the
form constitutes inadmissible hearsay. Before analyzing the issue of hearsay, it must be determined
whether the evidence is even relevant to the issues in the lawsuit.