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Legal Memorandum: Impeachment of the Validity of Evidence

Issue: Under the laws of Alabama, may a party impeach the validity of evidence it has offered?

Area of Law: Litigation & Procedure
Keywords: Validity of evidence; Judicial estoppel
Jurisdiction: Alabama
Cited Cases: 266 So. 2d 291; 189 So. 2d 336
Cited Statutes: None
Date: 07/01/2007

“In general, a party is estopped to deny the validity of evidence which he himself has injected into evidence.”  Ray v. Midfield Park, Inc., 289 Ala. 137, 266 So. 2d 291, 296 (1972).  Thus, it has long been the law in Alabama that a party who introduces an affidavit is judicially estopped from subsequently challenging the accuracy of its contents.  See Maner v. Maner, 279 Ala. 652, 189 So. 2d 336, 340 (1966) (party who submitted affidavit stating he was resident of Florida precluded from later proffering evidence contradicting that residence); Brown v. French, 159 Ala. 645, 49 So. 255, 256 (1909) (trial court may not permit party “to introduce testimony in contradiction of the affidavit upon which he had brought his case into court”).

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