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Questions tagged [rules-of-evidence]

Rules that apply to the admission of evidence in a trial.

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4 votes
1 answer
9k views

When can you no longer submit evidence in a civil case?

I was wondering if there was a point in a civil case where parties are no longer allowed to submit evidence, to my understanding all evidence is submitted at a pretrial, and after that it is ...
8 votes
1 answer
2k views

How do you prove a fact at issue in litigation?

Many questions on this site ask some variant of the question: "how does one prove something in court?" Paraphrasing a few: How can mens rea be proved? How do you prove that someone forged ...
2 votes
1 answer
54 views

FRE 803 (8) Public Record Usage for Defense

Is it possible to object to the prosecution's use of a document excluded under 803 (8) under hearsay grounds and then introduce it during the defense? Apologies in advance, as I do not have any trial ...
1 vote
1 answer
139 views

Blood taken from a suspect for testing

Consider the following hypothetical situation: A person is arrested and blood is taken from him. In this hypothetical situation, we have: The person who took the blood The person who transported the ...
1 vote
0 answers
44 views

Federal Rules of Evidence 803-6 usage

Is it possible for a document to be self-showing that it's a business document? For example, can you admit a business document (e.g. a packing slip) which clearly is implied that 1) the record must ...
1 vote
2 answers
171 views

Is audio recording a promise made by another person legal in the US?

If a person made a promise to do or not to do something, and I'm telling the person that I'm audio recording his verbal promise (because I wanted to use this as evidence in court in case that person ...
3 votes
2 answers
136 views

Are there lines of reasoning that can only be introduced into a case via an expert witness?

Say some technical question is important to a court case. One side brings in an expert witness on the subject to testify that the answer is in fact A in their expert opinion. Is the other side allowed ...
0 votes
0 answers
74 views

Legality of threatening perjury

Just to pretext, this question was inspired by a scene in Suits. I know that Suits is not a particularly accurate representation of the legal system, I'm just curious about the legality of a similar ...
6 votes
1 answer
2k views

Introducing evidence into trial in the US

How does one introduce evidence into trial? Do all pieces of evidence have to be introduced into trial before trial starts? Can I bring additional evidence on the day of the trial and introduce it on ...
-1 votes
2 answers
233 views

Request an affidavit "just in case"

Suppose I believe person A to have a certain pattern of behavior. I also believe that person B has direct experience with said behavior. I, as a non-lawyer with no connection to the legal system ...
-5 votes
1 answer
134 views

What do courtroom "procedural rules" and "rules of evidence" mean in the US?

What do courtroom "procedural rules" and "rules of evidence" mean in the US? Please give some examples of each and how do they relate to each other. Thanks.
1 vote
0 answers
86 views

Is McGee v State of Indiana 131.2 cited in The Verdict a complete fiction?

In the 1982 movie The Verdict (and, possibly, in the original novel as well), the respondent's lawyer cites "McGee v State of Indiana, United States 131.2" (at 1:57:10): The admission of a ...
0 votes
2 answers
83 views

Can exclusion of evidence as to a question subject’s past habits and proclivities stand in any other context than that of a complainant’s consent?

If I am accused of drunk and disorderly conducts and my alibi/defence is that I am a teetotaller since the last 10 years and even before that only seldom and very lightly drank, this makes it very ...
1 vote
1 answer
85 views

Are evidentiary rules concerning admissibility of observations about a complainant’s habits or character against fundamental rights/precepts?

In many jurisdictions, the criminal standard of proof is, subject to Blackstone’s ratio, “beyond a reasonable doubt.” Yet some rules such as s276, Canadian Criminal Code, state, simply and plainly, ...
4 votes
1 answer
228 views

Is a statement saying that a party committed a crime by a non-benefiting accessory to the crime considered a party-opponent admission?

I was taking an MBE Prep Test for the hell of it, and I found this question's answer to be controversial. "Several persons together stole a painting from an art museum. One of them, who was the ...
13 votes
4 answers
8k views

Can punishments be weakened if evidence was collected illegally?

Suppose police are investigating a burglary case. Under law, COVID-19 contact tracing data can only be used for contact tracing and nothing else. However a team decides to analyze the data anyway to ...
3 votes
1 answer
327 views

In a criminal trial, is the prosecution allowed to discuss its plea bargaining with the defendant?

Suppose that someone is charged with a crime. Before they are arraigned, they negotiate with the prosecution about a potential plea bargain, but do not reach one and instead go to trial. During the ...
12 votes
6 answers
8k views

What would you be charged with for covering up a rightful death?

I'm referring to a specific situation that occurred in the TV show 24. Due to previous complex circumstances, a man (call him "Bob") destroys a van that is the scene of a murder and hides 2 ...
0 votes
1 answer
135 views

Attorney Client Privilege: Disclosure within Evidence

Florida Statues Provides A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person's predecessor while holder of ...
4 votes
3 answers
888 views

Can a rape victim's DNA be used against them in criminal proceedings?

This question arose after a recent revelation from the San Francisco DA, who said that DNA of rape victims that were gathered when performing a rape kit test1 was used to identify a criminal suspect ...
-1 votes
4 answers
241 views

Can evidence that 100% proves guilt (but was obtained 100% illegally) sway a jury to convict? [closed]

Raymond the Rapist raped Dan the Dad's child. Dan takes Raymond to court, but there's 0 evidence, and it's basically a he-said-she-said deal, and there's nothing Dan can do to convict Raymond. So Dan, ...
8 votes
2 answers
6k views

Can messenger chat be used as evidence in courts?

My roommate agreed that I don't need to pay rent for the days I am not in apartment. I have to go to Texas for a 6 month period. I informed my roommate before adding him as roommate. We had this ...
-1 votes
3 answers
178 views

Perverting the Course of Justice - Does deception fit this crime? [closed]

My question: Does Perverting the Course of Justice 'apply' to those who try and garner 'evidence' using somewhat deceptive means, even if the evidence they intend to gain is accurate and lawful? ...
-1 votes
2 answers
38 views

Questions regarding lack of evidence/reasoning for initial interaction with law enforcement and how that affects any infraction discovered thereafter [closed]

State: UT County: Salt Lake County People: Man#1=Protagonist Woman#1=WitnessOne (Life Partner) Woman#2=WitnessTwo (Friend) Woman#3=Antagonist (Fellow employee) Employer=HotelChain Events: During a ...
18 votes
2 answers
6k views

How did Dominion legally obtain text messages from Fox News hosts?

In the current case of Dominion v Fox News, we saw that text messages from Fox News hosts have been admitted as legal evidence in court. My understanding was that text messages either had to be turned ...
2 votes
0 answers
39 views

Is evidence gathered under the aegis of a fake/incomplete/otherwise falsified warrant admissible in court? [duplicate]

If a police officer bangs on my front door, as his partners is loudly declaring he possesses "a warrant to search the premises!" when, in actuality, he's waving about his cruiser's ...
9 votes
7 answers
5k views

If the Jury considers evidence that should be discarded in the US, what would the result be?

This comes from the movie A Guilty Conscience, which may be one of the best movies of the past 20 years in Hong Kong and its box office is the highest ever. Movie Spoiler Warning What if the defendant'...
3 votes
4 answers
2k views

In-court identification of defendants

(Inspired by Can a lawyer subject the court to a (temporary) ruse for a legitimate purpose?) Under which circumstances are witnesses asked to identify people present (in particular defendants) in the ...
11 votes
1 answer
796 views

Does the exclusionary rule attach to the illegality of the search or to the person whose rights were violated?

Police blatantly illegally searches Bob's house and finds very strong evidence that Bob and Rob independently committed a horrific crime each. A variation: the crime is the same and Bob and Rob ...
6 votes
4 answers
2k views

Why didn't the Crown inform the witness about the defense's evidence beforehand?

In 2016 ONCJ 155, the judge says with regards to a witness: [72] In an effort to explain to the Court her continued socializing with Mr. Ghomeshi following the alleged choking incident and over the ...
2 votes
1 answer
112 views

In what states of the U.S., and under what conditions can a priest be compelled to testify of information a penitent disclosed to them?

If the states where it is privileged, and may not be admissible in court are fewer, which states are they? Does it matter if information disclosed during priest-penitent communications had been known ...
5 votes
1 answer
111 views

Can CCTV cameras share an IT network in the UK?

I've just had a conversation with a company who are a "Security Systems and Alarms Inspection Board accredited intruder alarm system installer", who told me that their CCTV cameras and ...
3 votes
2 answers
243 views

How can I prove that I owned an object before a certain date?

I received a widget on January 1. A law is passed criminalizing ownership of widgets. It is an affirmative defense that the widget owner had it before January 10th. How can I prove that I owned the ...
4 votes
2 answers
240 views

Can an audio recording prove a defendant's innocence?

Defendant is in jail for a gun charge. The gun is not his, nor did he know it was in the vehicle. Defendant's girlfriend has an audio recording of the gun's owner admitting to owning the gun but ...
-4 votes
2 answers
127 views

Dealing with expert opinions

Every Economist who is consistent with their discipline subscribes to the subjective theory of value; how does a Judge who wants to be consistent with Economics and coincidentally also is a B.A in ...
9 votes
6 answers
2k views

Legal/jurisprudential term to refer to any evidence that can be interpreted either way

Some time back, I had read a specific phrase used to refer to situations where some "evidence" can be interpreted either way. For example: Person A dies in a hospital and a syringe is found ...
7 votes
2 answers
2k views

Self-incriminating statements carry weight of proof

If someone is recorded confessing to a crime, can the recording serve as evidence solely because it contains the self-incriminating statement? Putting as an example: Carlos had his wallet stolen. In a ...
1 vote
1 answer
204 views

Would proof of the convict being blackmailed into confession be enough to exonerate them in certain cases?

Imagine a convict who was blackmailed into confessing to a crime (this blackmail happens prior to the crime). Not only that, they were also blackmailed into doing certain incriminating actions, such ...
2 votes
1 answer
500 views

Can a U.S. phone call recorded in a 1-party state be used as evidence in a case tried in a state that is 2-party?

Hypothetically, let's say someone is involved in a case that was originally filed in a NJ state court. The case was moved to a NJ federal court, and then transferred to a FLA federal court (after a ...
2 votes
1 answer
213 views

How do I print or present emails to support my defense in an unlawful detainer?

When presenting digital evidence in small-claims court, what is the correct way to do so? For example, if I have voluminous quantities of e-mails, digital ledgers, and other digital documents along ...
-1 votes
1 answer
89 views

Motion to strike a dismissed PO

How can a plaintiff avoid being faced with unfair prejudice after a defendant does a motion to strike all evidence from a dismissed PO? Since without the evidence the plaintiff can't defend their ...
3 votes
1 answer
280 views

Is an officer's testimony in a military court considered coerced and thus inadmissible in criminal court proceedings?

I was watching a Law and Order SVU episode which involves two court proceedings. The first is an article 32 hearing which is introduced in the episode as the military equivalent of grand jury. ...
2 votes
3 answers
139 views

When is evidence deemed adduced in bench (judge-alone) criminal trials?

Background This question is answered easily for jury trials: something is put in evidence ("adduced") when the jury hears / sees it and there is no direction from the judge to disregard it. ...
0 votes
1 answer
48 views

Is the U.S. Dep't of State yearly Report on Human Rights Practices deemed part of the record by the operation of law or you must cite it?

The reports are lengthy, ranging between ca. 20-70 pages for a particular country, and the greatest use of it is to draw an inference from the admissive assertion relative generally to torture and ...
4 votes
3 answers
2k views

Why what you say to the police can be used against you, but not in your favour?

I'm asking this question from the viewpoint of an almost complete newbie in court law. I've heard stated by plenty of lawyers that you should never talk to the police, and the only thing you should ...
6 votes
1 answer
109 views

Can a municipality ignore the rules of evidence for charges relating to violation of a municipal ordinance?

My Township has an ordinance relating to grass needing to be cut on a regular basis. The penalties for violating include fines up to $1,000 and jailtime. Presumably the latter is not used on the ...
1 vote
1 answer
77 views

What are the constraints on a civil suit (witnesses, evidence, topics) - and are they public

I am currently watching the Depp/Heard trial, and there seems to be a lot of stuff that cannot be shown, or said, and a lot of people i would expect to make a statement are absent. My guess is that ...
0 votes
1 answer
205 views

Watching the series Anatomy of a Scandal; would a rape case on such minimal evidence make it to court in real life?

In the Netflix series, Anatomy of a Scandal, the protagonist James Whitehouse is being tried on a charge of rape by a former colleague and affair partner who says that Whitehouse raped her during a ...
0 votes
4 answers
365 views

What happens if there are multiple suspects but not enough evidence to convict any of them?

For example, suppose there are two houses side-by-side. One day someone throws an incendiary device from one house to the other, causing a fire. The facts of the case are: There are four people in ...
4 votes
1 answer
443 views

US exclusionary rule - are there limits?

Inspired by this question related to admissibility of evidence obtained from an unlawful search and seizure: At an unlawful traffic stop, police searches the car and find the weapon used in a recent ...