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A response to a party’s rebuttal. A rebuttal to a rebuttal. In State v. Byrnes, 433 A.2d 658 (R.I. 1981), the court quoted with approval the Illinois Appellate Court in Ross v. Danter Associates, Inc., 102 Ill. App. 2d 354, 242 N.E.2d 330 (1968), for the standard for permitting surrebuttal testimony: 'The purpose of surrebuttal is to permit the defendant to introduce evidence in refutation or opposition to new matters interjected into the trial by the plaintiff on rebuttal. * * * In other words, fairness requires that the defendant be permitted to oppose new matters presented by plaintiff for the first time which the defendant could not have presented or opposed at the time of presentation of his main case. Contrariwise, the purpose of surrebuttal is not the introduction of evidence merely cumulative to that presented by the defendant in its original presentation. * * * It follows that the defendant has no right to present surrebuttal evidence merely because the plaintiff has presented rebuttal evidence.' Byrnes, 433 A.2d at 669-70 (quoting Ross, 102 Ill. App.2d at 367-68, 242 N.E.2d at 336-37). 


The decision whether to allow a party to present evidence in ...

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