During a civil jury trial, the defendants sought to read portions of the plaintiff’s examination for discovery into evidence pursuant to Rule 31.11(1) of the Rules of Civil Procedure.
The plaintiff objected, arguing that the rule in Browne v. Dunn required the defendants to first put the evidence to the plaintiff during cross‑examination at trial.
The court held that Rule 31.11 permits a party to read discovery evidence into the record as admissions provided it is not used for impeachment purposes.
Balancing fairness considerations and the trial context, including the presence of a jury, the court allowed the defendants to read in the proposed excerpts.
The court also indicated that the plaintiff could seek leave to provide reply evidence if the read‑ins raised issues that required a response.
