Also known as:evidence law · rules of evidence · evidence
Written by attorneys · grounded in primary & secondary sources — see below
The body of rules that determines what information may be presented to a factfinder and how it may be used in resolving legal disputes. These rules exclude unreliable or unfairly prejudicial material while permitting relevant proof that advances accurate decision making.
Sources & Authorities
How it applies
Common Examples
6
Merger Clause Bars Prior Promise
Laura Lewis sold her warehouse to Lance Lee under a contract containing a merger clause. After closing, Lance discovered an oral assurance about parking rights that the deed omitted. When Lance sued to enforce the assurance, the court applied the parol evidence rule and merger doctrine to exclude the prior statement, leaving only the deed's terms to govern the parties' rights.
Denial Lacks Evidentiary Basis
Lily Lopez sued Linden Bank for wrongful foreclosure. In its answer the bank denied that it had received her payment notices. The court later found no documents or witness testimony supported that denial. Because the denial lacked evidentiary grounding, the judge imposed Rule 11 sanctions on the bank's counsel.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Character Evidence Excluded
Levi Lowe faced assault charges after a bar fight. The prosecutor sought to introduce testimony that Levi had a reputation for starting arguments. The court excluded the evidence because it was offered solely to show that Levi acted in conformity with that trait on the night in question.
Judge Refuses Independent Search
Lamar Lewis moved to suppress evidence seized during a traffic stop. The assigned judge privately searched online maps to verify the officer's account of the intersection. Defense counsel objected that the judge had investigated facts outside the record. The judge acknowledged the error and limited consideration to the evidence presented at the hearing.
Lawyer Withholds False Testimony
Layla Lane called her client as a witness in a contract dispute. Midway through direct examination the client began to testify that a key meeting had occurred on a date the lawyer knew was impossible. The lawyer immediately halted the examination and later disclosed the falsity to the tribunal rather than allow the false evidence to stand.
Prior Negotiations Clarify Term
Lumen Capital contracted with Lunar Dynamics to supply solar panels. The written agreement used the term 'delivery date' without defining it. At trial Lunar offered testimony about contemporaneous emails that fixed the date as thirty days after payment. The court admitted the evidence to establish the meaning the parties intended when they signed the writing.
Common questions
Frequently Asked
4
When may a court admit evidence of a prior agreement that contradicts a later writing?+
A court may admit the evidence when the writing is not completely integrated or when the prior agreement is offered to establish the meaning of an ambiguous term. The parol evidence rule bars only attempts to contradict or supplement a fully integrated writing.
Does Rule 404(a)(1) prevent a criminal defendant from offering evidence of his own good character?+
No. The rule expressly permits a defendant to introduce evidence of a pertinent trait. Once admitted, the prosecution may then offer rebuttal evidence of the same trait.
What obligation does a judge have when inadvertently receiving an ex parte communication about case facts?+
The judge must promptly notify the parties of the substance of the communication and give them an opportunity to respond. The judge may not rely on the information unless it is properly introduced or judicially noticed.
May a lawyer continue to offer a client's testimony after learning it is false?+
No. The lawyer must take reasonable remedial measures, which may include disclosure to the tribunal if necessary to correct the false evidence.
5 U.S. (1 Cranch) 137 (1803)Property
…duties as every other ministerial officer of the United States and equally liable to be compelled, is also bound by the same rules of evidence. These duties are not confidential but public and his clerks have no exclusive privileges except as to facts concerning foreign correspondencies and confidential communications between the…