Evidence and Admission of Evidence
RELEVANCE OF EVIDENCE:
Generally, only relevant evidence may be presented. Relevant evidence is any evidence, WHICH HELPS TO PROVE OR DISPROVE THE FACTS IN ISSUE IN THE CASE. However, if the evidence is relevant but also unfairly prejudicial, potentially confusing to the jury, or a waste of time it MAY BE EXCLUDED by the court.
EXAMPLES
> On cross-examination the defense asks Ms. Stone, “How old are you?” This question would be
permitted if Ms. Stone's age is relevant to the case.
> The defendant is charged with running a red light. Evidence that the defendant owns a dog is NOT
relevant and MAY NOT be presented.
Generally, only relevant evidence may be presented. Relevant evidence is any evidence, WHICH HELPS TO PROVE OR DISPROVE THE FACTS IN ISSUE IN THE CASE. However, if the evidence is relevant but also unfairly prejudicial, potentially confusing to the jury, or a waste of time it MAY BE EXCLUDED by the court.
EXAMPLES
> On cross-examination the defense asks Ms. Stone, “How old are you?” This question would be
permitted if Ms. Stone's age is relevant to the case.
> The defendant is charged with running a red light. Evidence that the defendant owns a dog is NOT
relevant and MAY NOT be presented.
How to Admit Evidence into the Record
INTRODUCING PHYSICAL EVIDENCE
There is a special procedure for introducing physical evidence during trial. Below are the basic steps to use when introducing a PHYSICAL OBJECT or DOCUMENT (such as a pre-trial statement) into evidence in a court.
SAY: Your Honor, I ask that this LETTER be marked for identification as Plaintiff’s/ Prosecution’s Exhibit #1.
SHOW: The letter to the opposing attorney, who may make an objection to this piece of evidence at this points.
If the opposing attorney DOES NOT object:
SHOW: The letter to the witness whom you are questioning.
SAY: “Mr. King, do you recognize this document, which is marked Plaintiff’s/ Prosecutor’s Exhibit #1 for identification?”
The witness explains what it is (e.g., “Yes, this is the letter I received from the defendant, Marilyn Smith.”
ASK: Further questions to establish relevancy and authenticity.
SAY: “Your Honor, I offer this letter, marked as Plaintiff’s/ Prosecution’s Exhibit 1 for identification into evidence.”
GIVE: the letter to the judge for his/her inspection. The judge rules on whether or not the letter may be admitted into evidence. If the judge admits it, the attorney may give it to the jury to look at.
EXAMPLES
> Suppose this is a personal injury case in which the tenant claims he was injured when he tripped on
a loose step in the apartment building. A neighbor who lives in the same building is testifying:
Question: Mrs. Spak, are you familiar with the condition the stairs were in the day before the accident?
Answer: Yes.
Question: I ask the reporter (or bailiff) to mark this as Defendant’s Exhibit #1 for identification.
The reporter or bailiff: This will be Defendant’s Exhibit #1 for identification.
Counsel now shows the exhibit to opposing counsel.
Question: Thank you. Counsel (showing exhibit to the plaintiff’s/ prosecution’s attorney) Now, Mrs. Spak, I
show you what has been marked as Defendant’s Exhibit #1 for identification. Please examine it and tell us
what it is.
Answer: It’s a picture of the back stairs of my apartment building.
Question: Mrs. Spak, turning your attention once again to those stairs as they were the day before the
accident can you tell us whether this picture is an accurate and complete picture of the stairs as they looked
at that time?
Answer: yes, I would say it is.
Question: Thank you, Mrs. Spak. Your Honor (handing exhibit to the judge), we offer what has been marked
as Defendant’s Exhibit #1 into evidence, and we ask permission to show it to the jury so they can see it
during Mrs. Spak’s testimony.