Define: Finality Of Collateral Answers

The finality of collateral answers is a legal principle that refers to the conclusive nature of certain factual findings made in one legal proceeding when they are relevant to a separate proceeding. Under this principle, when a court makes a final determination on a factual issue in one case, that determination is generally binding on the parties in subsequent cases, even if they involve different legal claims or parties. This principle promotes judicial efficiency by avoiding the re-litigation of issues already decided and ensures consistency and predictability in the legal system. However, there are exceptions to the finality of collateral answers, such as when new evidence arises or when the issue was not fully litigated in the previous proceeding.

In cross-examination, counsel can seek to show that the witness’s version of events is incorrect, or incompatible with previous statements. Evidence can be introduced to this effect if necessary. However, if the witness answers a question on a matter that is collateral to the case, the questioner will usually have to accept the answer as given, and not attempt to rebut it. This is to prevent the explosion of irrelevant questioning that would follow if such tactics were allowed.

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This glossary post was last updated: 29th March, 2024.