rebutting evidence

REBUTTING EVIDENCE. That which is given by a party in the cause to explain, 
repel, counteract or disprove facts given in evidence on the other side. The 
term rebutting evidence is more particularly applied to that evidence given 
by the plaintiff, to explain or repel the evidence given by the defendant. 
     2. It is a general rule that anything may be given as rebutting 
evidence which is a direct reply ta that produced on the other side; 2 
McCord, 161; and the proof of circumstances may be offered to rebut the most 
positive testimony. Pet. C. C. 235. See Circumstances. 
     3. But there are several rules which exclude all rebutting evidence. A 
party cannot impeach the validity of a promissory note which he has made or 
endorsed; 3 John. Cas. 185; nor impeach his own witness, though he may 
disprove, by other witnesses, matters to which he has testified; 3 Litt. 
465, nor can be rebut or contradict what a witness has sworn to, which is 
immaterial to the issue. 16 Pick. 153; 2 Bailey, 118. 
     4. Parties and privies are estopped from contradicting a written 
instrument by parol proof, but this rule does not apply to strangers. 10 
John. 229. But the parties may prove that before breach the agreement was 
abandoned, or annulled by a subsequent agreement not in writing. 4 N. Hamp. 
Rep. 196. And when the writing was made by another, as, where the log-book 
stated a desertion, the party affected by it may prove that the entry was 
false or made by mistake. 4 Mason, R. 541.