Section 5.8 Evidence Offered by Adverse Party

• Library: Evidence 2017

VIII. (§5.8) Evidence Offered by Adverse Party

General Rule: A party is entitled to as much of the opposition’s evidence as aids that party’s case and is not in conflict with that party’s basic theory.

See:

· Smith v. Chamblin Props., LLC, 201 S.W.3d 582, 589 (Mo. App. W.D. 2006) (when a restaurant owner brought a petition for prescriptive easement, the court distinguished a defense from a theory of recovery; even when the defendant did not present evidence for its counterclaim, the plaintiff’s evidence only countered the defense, and not the counterclaim, and when the defense admitted facts...