"To Tender Evidence"

[mcdee]

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I'm sorry to start a new thread about this, but I'm having a lot of trouble figuring out what is meant by the phrase "to tender evidence". I can't find it in the legal dictionary, and google isn't of much help either! Any help would be really appreciated!

EDIT: what really confuses me is the difference between "tendering" evidence and "adducing" evidence. E.g. s 48 of the Evidence Act:

http://www.austlii.edu.au/au/legis/n...99580/s48.html

Thanks

[astroe]

It's tender as in the verb;

tender
· v.
1 offer or present formally. Ø make a formal written offer to carry out work, supply goods, etc. for a stated fixed price.
2 offer as payment.
· n. a tendered offer.
– PHRASES put something out to tender seek tenders to carry out work, supply goods, etc.
– DERIVATIVES tenderer n.
– ORIGIN C16: from OFr. tendre, from L. tendere (see tend1).

So I guess in a law sense, it's the act of formally presenting a piece of evidence for a case? Hope that helped.

[jtyler]

Documentary evidence might be tendered to the court, testimonial evidence might be adduced during examination or cross-examination of a witness.

[melsc]

As I understand it (similar to Jtyler said):

Tendering - when documents are presented to the court as evidence, they are numbered/lettered and all get to see it (judge, jury, both sides).

Adducing - evidence from oral testimony (Examination in chief, cross, re examination)