According to the author, the purpose of this paper is to provide litigators with a solid foundation of the principles and concepts related to implied undertakings in criminal and civil litigation, to help counsel identify the scope of those undertakings, and lastly, to provide practical guidance on how to properly uphold or seek to set aside an implied undertaking when the information from one litigation may be relevant to another proceeding.

This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.