Grand Master - , 11:02 am On 10 Oct 2017
WHAT IS REBUTTAL?
In law, rebuttal is a form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party.
It is evidence introduced to counter, disprove or contradict the opposition's evidence or a presumption, or responsive legal argument.
THE SCOPE OF REBUTTING EVIDENCE
In law, special rules apply to rebuttal; rebuttal evidence or rebuttal witnesses must be confined solely to the subject matter of the evidence rebutted. New evidence on other subjects may not be brought in rebuttal. However, rebuttal is one of the few vehicles whereby a party may introduce surprise evidence or witnesses.
The basic process in Civil Proceedings is as follows: both sides of a controversy are obliged to declare in advance of trial what witnesses they plan to call, and what each witness is expected to testify to. When either a plaintiff (or prosecutor) or defendant brings direct evidence or testimony which was not anticipated, the other side may be granted a specific opportunity to rebut it. In rebuttal, the rebutting party may generally bring witnesses and evidence which were never before declared, so long as they serve to rebut the prior evidence.
Rebuttal Witness is a witness who is called to rebut testimony already presented. For example in a murder case the defence might call a character witness to provide evidence that the accused was a mild mannered nice guy. A rebuttal witness might be called by the prosecution to provide contradictory evidence of the accused's character and might testify that the person was violent, bad tempered or abusive.