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practice. The declaration of a fact by a witness after a question has been put asking for it.

2. If a witness unexpectedly state facts against the interest of the party calling him, other witnesses may be called by the same party, to disprove those facts. But the party calling a witness cannot discredit him, by calling witnesses to prove his bad character for truth and veracity, or by proving that he has made statements out of court contrary to what he has sworn on the trial; B. N. P.; for the production of the witness is virtually an assertion by the party producing him, that he is credible.

Source : Bouvier 1856

Language : English

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