Also known as: admit evidence · admitted evidence · admitting evidence · admits evidence · evidence admission
Written by attorneys · grounded in primary & secondary sources — see below
A court's determination that proffered material satisfies the requirements for introduction at trial. The determination turns on whether the evidence meets standards of relevance, reliability, and compliance with exclusionary rules such as those governing hearsay, character, and authentication.
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Aurora Biotech introduced a former employee's out-of-court email accusing a rival of stealing trade secrets. After the email came in, Atlas Ventures offered proof that the employee had falsified expense reports in a prior job. The court permitted the impeachment because the declarant's credibility could be attacked once the hearsay statement had been admitted.
Adrian Aguilar faced trial on fraud charges. After the judge denied his motion to exclude a prior theft conviction, he introduced the conviction himself during direct examination to blunt its impact. On appeal he could not challenge the admission because his own introduction of the evidence waived review.
Aisha Ahmed offered an unauthenticated spreadsheet at trial. Opposing counsel made only a general relevance objection without stating authentication grounds on the record. The appellate court refused to consider the claim of error because the specific ground had not been timely asserted.
Alice Atkins sued Apollo Energy for breach of contract and offered internal memos that mentioned prior regulatory violations. The court admitted the memos solely to show Apollo's knowledge of industry standards and, on timely request, instructed the jury to consider them for that purpose alone.
The government charged Angela Acosta with sexual assault. It offered testimony that she had committed a similar assault two years earlier. The court admitted the evidence because the defendant stood accused of sexual assault and the prior act was relevant to any material issue.
Amelia Amari stood trial for child molestation. The prosecution introduced evidence that she had molested another child five years earlier. The court allowed the testimony because the defendant was accused of child molestation and the evidence could be considered on any relevant matter.
Once a hearsay statement is admitted, the declarant's credibility may be attacked by any evidence that would be admissible if the declarant had testified. This includes proof of inconsistent statements or conduct regardless of timing or opportunity to explain.
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Yes. When a defendant preemptively introduces the conviction on direct examination to lessen its impact, the defendant may not later claim on appeal that admission of the conviction was error.
…something to be said for this position, as the district court is charged with making the initial determination whether to admit evidence. In the peculiar circumstances of this case, however, we have determined that the interests of justice and judicial economy will best be served by deciding those issues that are properly…
…likely to provoke the average person to retaliation, and thereby cause a breach of the peace. The refusal of the state court to admit evidence of provocation and
…(Rev. Stat. sect. 819), and we are not advised that the practice in the territorial courts of Utah is different. 4. As to the admission of evidence to prove what was sworn to by Amelia Jane Schofield on a former trial of the accused for the same offence but under a different indictment. The Constitution gives the accused the right to…
…to mitigating circumstances, the trial judge made the same findings for all three capital murders. First, although there was no admitted evidence of prior convictions, respondent had stated that he had engaged in a course of stealing. In any case, even if respondent had no significant history of criminal activity, the aggravating…
…variance was not prejudicial and hence not fatal.” 295 U. S. at 83. On the face of things it is one thing to hold harmless the admission of evidence
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The party must make a timely objection or motion to strike on the record and state the specific ground unless it was apparent from context. Failure to do so prevents the party from claiming error on appeal.
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If evidence is admissible against one party or for one purpose but not another, the court must, on timely request, restrict the evidence to its proper scope and instruct the jury accordingly.
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In a criminal case charging sexual assault, the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on any matter to which it is relevant.
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In a criminal case charging child molestation, the court may admit evidence that the defendant committed any other child molestation. The evidence may be considered on any matter to which it is relevant.
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