Legal Opinion · Concurrence

Argo v. Walston

Court of Civil Appeals of Alabama

Decided December 30, 2003No. 2020496Published

1Concurrence

The record makes it very clear that, when Argo's counsel objected to Walston's testifying about how much it would cost to fix the lake, the trial judge overruled the objection, stating that he knew the proposed testimony was hearsay but that he would allow the testimony because he understood that Walston had anexpert witness waiting "to testify on that." I believe the court's action was analogous to admitting evidence conditionally, subject to its later being "connected up," or made competent, by other evidence.

"The trial court has discretion to conditionally admit evidence of a fact on the…

2Cases cited7 opinions

  1. Reynolds Metals Company v. HillSupreme Court of Alabama · 2002
  2. James S. Kemper & Co. v. Cox & AssociatesSupreme Court of Alabama · 1983
  3. Aldridge v. DolbeerSupreme Court of Alabama · 1990
  4. Corson v. Universal Door Systems, Inc.Supreme Court of Alabama · 1991
  5. Minto v. StateAlabama Court of Appeals · 1913

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