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Incompetent Evidence

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Probative matter that is not admissible in a legal proceeding; evidence that is not admissible under the Federal Rules of Evidence. That which the law does not allow to be presented at all, or in connection with a particular matter, due to lack of originality, a defect in the witness or the document, or due to the nature of the evidence in and of itself.


incompetent evidence n. testimony, documents or things which one side attempts to present as evidence during trial, which the court finds (usually after objection by the opposition) is not admissible because it is irrelevant or immaterial to the issues in the lawsuit. Thus, trial lawyers often object with: "incompetent, irrelevant and immaterial," figuring that covers the waterfront of most objections. (See: incompetent)


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