A party that introduces a subject or creates a misleading impression may permit the opponent to respond with evidence that would otherwise be excluded. The responsive evidence must be reasonably necessary to correct the impression.
The doctrine is applied at the court's discretion.
Alternative Names:
Door Opening, Curative Admissibility
Why it Matters?
The doctrine is the most common route by which excluded evidence reaches a jury, and it operates against parties that obtained favorable limine rulings and then created the opening themselves. Reviewing granted limine rulings before examination, and briefing witnesses on subjects to avoid, prevents that. Where an opponent opens the door, requesting a sidebar ruling before introducing the responsive evidence protects against a later reversal.
Frequently Confused with
Related terms
Frequently asked questions
How does excluded evidence reach the jury?
What protects against reversal?
