MBE Rules · Evidence
Opening the Door
Curative admissibility / opening the door
The rule
A party who introduces inadmissible or misleading evidence permits the opponent to respond with otherwise inadmissible evidence to the extent needed to cure the prejudice.
In plain English
The 'Opening the Door' rule allows a party who presents inadmissible evidence to be countered by the opposing party with evidence that would normally be inadmissible. This is done to prevent unfair prejudice and to provide a complete picture of the situation to the jury.
Worked example
In a trial for assault, the defendant introduces evidence of the victim's prior criminal record to suggest the victim is not credible. The prosecution can then introduce evidence of the defendant's own prior convictions to counteract this claim. The jury is allowed to hear this otherwise inadmissible evidence to ensure fairness.
Memory hook
If you open the door, expect the other side to walk right in!
The trap
Examiners may present scenarios where a party introduces evidence that seems innocuous, but actually opens the door to damaging rebuttal evidence. Students might overlook the implications of their choices in evidence presentation.
How examiners test it
Questions often involve a party introducing questionable evidence and then ask what the opposing party can do in response, testing the candidate's understanding of the implications of 'opening the door.'
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