concurring. I concur with the well-reasoned opinion of the majority. I write separately to make just two points. First, interested readers should compare the discussion of Civ.R. 61, in fn. 1 of the dissent, with the discussion of Civ.R. 61 in the dissent of Continental Ins. Co. v. Whittington (1994), 71 Ohio St.3d 150, 642 N.E.2d 615. One cannot have it both ways.
Second, Evid.R. 616 could also be cited in support of the majority opinion. By its clear terms it would seem to apply.