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admissible evidence |
Also found in: Wikipedia | 0.03 sec. |
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admissible evidence n. evidence which the trial judge finds is useful in helping the trier of fact (a jury if there is a jury, otherwise the judge), and which cannot be objected to on the basis that it is irrelevant, immaterial, or violates the rules against hearsay and other objections. Sometimes the evidence which a person tries to introduce has little relevant value (usually called probative value) in determining some fact, or prejudice from the jury's shock at gory details may outweigh that probative value. In criminal cases the courts tend to be more restrictive on letting the jury hear such details for fear they will result in "undue prejudice." Thus, the jury may only hear a sanitized version of the facts in prosecutions involving violence. (See: evidence) |
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? References in periodicals archive |
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The general test for whether information is discoverable is whether
the information sought is either "relevant" to the issues in
the case, or whether the information sought is likely to lead to the
discovery of admissible evidence. The scope of a party's duty to preserve evidence remains
unsettled, but many courts have articulated a test whereby a party must
preserve all evidence they know or have reason to know is (i) relevant
to a pending action, (ii) reasonably calculated to lead to the discovery
of admissible evidence, (iii) reasonably likely to be requested in
discovery, and/or (iv) the subject of a pending discovery request. While it involves patience, time, and effort,
constitutional guarantees must prevail over mere convenience to increase
the likelihood of producing admissible evidence at trial. |
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