Also known as: admissibility of evidence · admissible · admissibility
Written by attorneys · grounded in primary & secondary sources — see below
Evidence that is relevant and competent for consideration by the trier of fact. The evidence must satisfy foundational requirements such as personal knowledge and must not be barred by exclusionary rules including hearsay, privilege, or undue prejudice.
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Peak Pharma sued Point Therapeutics after contaminated medication caused patient infections. Point Therapeutics moved for summary judgment and argued that Peak Pharma could not produce admissible evidence linking the lot to the infections. The court examined the adverse-event reports and counter-expert declaration but found no admissible evidence establishing causation.
The prosecution sought to introduce evidence that the defendant had previously committed similar thefts to prove he acted in accordance with a dishonest character. Defense counsel objected. The court excluded the evidence because it was offered solely to show propensity.
Adam Anderson was charged with assault. His attorney attempted to introduce expert testimony that Anderson suffered from a mental disease excluding criminal responsibility. The court refused to admit the evidence because Anderson had not filed the required written notice within ten days of his not-guilty plea.
During closing argument, counsel for Aurora Biotech stated that the opposing expert had fabricated test results. No admissible evidence in the record supported the accusation. The court sustained the objection and instructed the jury to disregard the statement.
Anchor Bank and Alpine Mining signed a loan agreement containing an integration clause. Alpine Mining later claimed the bank had orally promised additional collateral terms during negotiations. The court admitted the prior oral statements to establish the parties' understanding of the security arrangement.
Officers arrested Abigail Alvarez without probable cause and obtained her confession and a map to stolen property. The prosecution offered the map at trial. The court suppressed the map because it was obtained as a direct result of the unconstitutional arrest and no attenuating circumstances purged the taint.
A party may demonstrate that the materials cited do not establish a genuine dispute or that the adverse party cannot produce admissible evidence to support the fact. The objection must identify specific record materials that fail foundational requirements such as personal knowledge or authentication.
Evidence of a person's character or character trait is not admissible to prove that the person acted in accordance with the trait on a particular occasion. Limited exceptions exist in criminal cases when a defendant offers evidence of a pertinent trait.
…upon testimony of a consenting partner, because the partner was considered an accomplice. A partner's testimony, however, was admissible if he or she had not consented to the act or was a minor, and therefore incapable of consent. See, e. g. , F. Wharton, Criminal Law 443 (2d ed. 1852); 1 F. Wharton, Criminal Law 512 (8th…
…made in good faith and is not a fishing expedition. In this case the Special Prosecutor had to clear three hurdles: relevancy, admissibility
…TXO Production Corp. v. Alliance Resources Corp. , 509 U. S. 443, 462, and n. 28 (1993) (characterizing as "well-settled" the admissibility
…the burdens of litigation does not justify factual conclusions supported only by lawyers’ arguments rather than sworn denials or admissible evidence
…specifically on account of such expenditures, but that the proof of their being made necessary by the opening of the street was admissible
The defendant must file a written notice of intent to rely on the defense at the time of the not-guilty plea or within ten days thereafter, unless the court permits a later filing for good cause.
A lawyer may not allude during trial to any matter the lawyer does not reasonably believe will be supported by admissible evidence.
Agreements and negotiations prior to or contemporaneous with the adoption of a writing are admissible to establish the meaning of the writing or to show that the writing is not integrated.
Evidence is admissible if obtained by means sufficiently distinguishable from the primary illegality so that the connection between the illegality and the evidence has become so attenuated as to dissipate the taint.