The judge does not have enough information. She must look at the Answer to see if Ford admitted or denied the allegation concerning jurisdiction. If the defendant denied the allegation, then the issue is material. If the defendant admitted the allegation, then it is no longer material, and the evidence is irrelevant.

Continuing the hypothetical. Plaintiff's second witness was a passenger in the Excursion. Plaintiff asks the witness for the street, city and county in which the accident occurred. The defendant objects that the evidence goes to prove venue which is not material because venue was admitted in the Answer. How should the judge rule?

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