Rule 1.920.Further testimony for mistake
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.920
Plain-English Summary
Trials do not always go according to plan, and Rule 1.920 gives the court a safety valve when they don't. At any point before final submission, the court may let a party offer further testimony to correct an oversight or mistake that is evident — something plainly overlooked or gotten wrong, not just a second thought about strategy.
The rule leaves the terms to the court's discretion: it can impose whatever conditions it deems just, whether that means limiting the added testimony, giving the other side a chance to respond, or addressing costs. The flexibility cuts both ways — it protects against an unfair surprise from reopened evidence while still letting an honest gap in the record get fixed before the jury or court decides the case.
Frequently Asked Questions
Can a party reopen the evidence after resting to fix a mistake?
Yes, if it happens before final submission. Rule 1.920 lets the court allow further testimony to correct an evident oversight or mistake, imposing whatever terms it deems just.
Is there a deadline for asking to correct an oversight under this rule?
The rule sets the outer limit at final submission of the case — once the case has been finally submitted, this avenue under Rule 1.920 is no longer available.
Does the court have to allow the additional testimony?
No. Rule 1.920 says the court "may" allow it, which leaves the decision to the court's discretion rather than making it automatic.
What kind of mistake qualifies for this rule?
The rule refers to an "evident oversight or mistake," language that points to something plainly overlooked or erred on, rather than a routine change of trial strategy.
Can the court attach conditions to allowing the extra testimony?
Yes. Rule 1.920 expressly allows the court to impose such terms as it deems just when permitting the additional testimony.