(f) A is tried for the murder of B. The fact that B prosecuted A for libel and that
A was convicted and sentenced, is relevant and under Article 21 as showing
the motive for the fact in issue.
58. Fraud or collusion in obtaining judgment, or Incompetency of Court, may
be proved. Any party to a suit or other proceeding may show that any judgment, order
or decree which is relevant under Articles 54, 55 or 56, and which has bean proved by
the adverse party, was delivered by a Court not competent to deliver it, or was obtained
by fraud or collusion.
OPINION OF THIRD PERSONS WHEN RELEVANT
59. Opinions of experts. When the Court has to form an opinion upon a point of
foreign law, or of science, or art, or as to identity Of handwriting or finger impressions,
1[or as to authenticity and integrity of electronic documents made by or through an
information system] the opinions upon that point of persons specially skilled in such
foreign law, science or art, or in questions as to identity of handwriting or finger
impressions 1[or as to the functioning, specifications, programming and operations of
information systems, are relevant facts.]
Such persons are called experts.
Illustrations
(a) The question is, whether the death of A was caused by poison. The opinion of
experts as to the symptoms produced by the poison by which A is supposed
to have died, are relevant.
(6) The question is, whether A, at the time of doing a certain act, was by
reason of unsoundness of mind, incapable of knowing the nature of the act, or
that he was doing what was either wrong or contrary to law.
The opinions of experts upon the question whether the symptoms exhibited
by A commonly show unsoundness of mind, and whether such unsoundness
of mind usually renders persons incapable of knowing the nature of the acts
which they do, or of knowing that what they do is either wrong or contrary to
law, are relevant.
1 Ins.subs. by and L1 of 2002, s. 4.
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