from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
IN CHIEF. Evidence is said to be in chief when it is given in support of the
case opened by the leading counsel. Vide To Open, Opening. The term is used
to distinguish evidence of this nature from evidence obtained on a cross-
examination. (q.v.) 3 Chit. 890. By evidence in chief is sometimes meant
that evidence, which is given in contradistinction to evidence which is
obtained on the witness voir dire.
2. Evidence in chief should be confined to such matters as the
pleadings and the opening warrant, and a departure from this rule, will be
sometimes highly inconvenient, if not fatal. Suppose, for example, that two
assaults have been committed, one in January and the other. in February, and
the plaintiff prove his cause of action to have been the assault in January,
he cannot abandon that, and afterwards prove another committed in February
unless the pleadings and openings extend to both. 1 Campb R. 473. See also,
6 Carr. & P. 73; S. C. 25 E. C. L. R. 288; 1 Mood. & R. 282.