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Questions tagged [rules-of-evidence]

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

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Can an attorney refer to testimony made in preliminary hearings during their opening or closing arguments?

Can an attorney refer to testimony made in preliminary hearings during their opening or closing arguments? For example, let's imagine that in a preliminary hearing before the trial has started, a cop ...
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Faked Discovery Evidence

If a victim submits fake photographs as evidence and said photographs are proven to be edited pictures, would that qualify for dismissing a case?
Breakskater's user avatar
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3 answers
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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. ...
Greendrake's user avatar
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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 ...
ashley verret's user avatar
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1 answer
501 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 ...
Sizzle's user avatar
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California Recording Law - Do recordings need to be used as stated?

In California, two-party consent recording law requires that consent be obtained by all parties before recording phone calls. I've pasted relevant parts of this law below. Further, subsection (d) of ...
TheEnvironmentalist's user avatar
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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 ...
NerdyDeeds's user avatar
2 votes
1 answer
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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 ...
Sean Kim's user avatar
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1 answer
236 views

In court can you ask someone for all names they go by? How would question be phrased?

In a hearing the plaintiff has reason to believe that the defendant may have some type of pseudonym or sometimes use a variations of his name (like going by his middle name and leaving out the first). ...
Clockatok's user avatar
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2 answers
173 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 ...
HelloDarkWorld's user avatar
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1 answer
622 views

Is police report inadmissible when the cop who wrote it is not available to testify?

Say a cop conducted a crime investigation, interviewed the person of interest (later charged with the crime) and wrote it all down in a report. When the trial comes, the cop is no longer available (...
Greendrake's user avatar
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What happens if someone provides evidence in court without the knowledge of the judge?

It is my understanding that the judge must accept (almost?) all evidence admitted into court. So, this leaves me with three questions: What happens if an official shows evidence that the judge hadn't ...
user110391's user avatar
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1 answer
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Can a person secure an entity's former employee to act as an expert witness against them?

In federal court, is there any ethical or evidentiary rule that prohibits a person from using that entity's former employee as an expert witness against them? For context, I would like to use a ...
David Reed's user avatar
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2 answers
723 views

What if a guilty person is later found innocent?

Suppose someone was found guilty according to evidence, jailed, then more evidence finds him/her innocent way later (like the incriminating evidence was later found to be fabricated). Would this mean ...
ComputersAreCool's user avatar
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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, ...
TylerDurden's user avatar
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1 answer
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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 ...
bukwyrm's user avatar
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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 ...
user110391's user avatar
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 ...
Paul59's user avatar
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1 answer
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801.d.2.D - Party Opponent

For mock trial, the case is STATE OF WASHINGTON, Plaintiff, vs. SYDNEY CARDEN, Defendant. Two of the witnesses are Sam Drucker (plaintiff witness), a manager for a local thrift store, and Kahuna ...
Christopher Marley's user avatar
1 vote
1 answer
518 views

Warrants and statements under oath

If an arrest warrant is issued does that mean a statement was made under oath? If so if a part of the statement for the arrest warrant is proven false what are the implications? In the case of a ...
Danial's user avatar
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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 ...
Sean Kim's user avatar
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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 ...
Greendrake's user avatar
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1 vote
0 answers
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Was the withholding of high-quality drone footage a Brady violation?

In the Kyle Rittenhouse trial, the defence filed a motion for a mistrial during jury deliberations. One of the grounds for a mistrial, they argued, was that a low-resolution recording of the drone ...
BakedAlaska624's user avatar
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3 answers
357 views

Can a phone conversation be summoned from telecom operator as evidence in court of law

Our landlord/landlady have twice made statements that suggest they breached our privacy. We have not recorded our conversations since we understand it would be illegal to do so. However, we wish to ...
Der Burger's user avatar
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2 answers
2k views

What happens when there's not enough evidence in a trial?

I'm writing a story and need to know some things for factual accuracy. There's a man in the story who is accused of a DUI hit-and-run. He's discovered (sleeping) in the vehicle after the hit and run. ...
BeardWix's user avatar
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4 answers
422 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 ...
Allure's user avatar
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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 ...
TylerDurden's user avatar
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1 answer
732 views

Why do courts allow attorneys to demand Yes-or-No answers to their questions? [duplicate]

Why do courts allow attorneys to demand Yes-or-No answers to their questions? I'm seeing a lot of that in the Chauvin trial. Attorneys are prohibited from asking leading questions, and from badgering ...
MWB's user avatar
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Chain of Custody

So chain of custody is obviously important, but why? I have seen many articles referring to drugs and one where the murder weapon was handled without gloves. But what about other types of evidence ...
Danial's user avatar
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1 answer
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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 ...
unrefoulerer's user avatar
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1 answer
55 views

What are some cases / journals / books about withholding favourable evidence from the defence

I have access to westlaw and lexislibrary but cannot find any relevant cases to the police or prosecution not sharing expert evidence from the defence at all. Any help would be greatly appreciated, ...
Mylo K's user avatar
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0 votes
1 answer
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Can DNA on drugs be used as evidence even if the drugs weren't in anyone's possession at the time it was found? (Canada)

Can DNA found on drugs be used as evidence in court or is that unconstitutional? DNA can be transferred from different sources so it doesn't necessarily mean the DNA holder has come in direct contact ...
ATomz's user avatar
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0 votes
1 answer
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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 ...
CodyBugstein's user avatar
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 ...
gatorback's user avatar
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0 votes
0 answers
76 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 ...
Ethan's user avatar
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0 answers
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Is it an error for a judge to not consider all pieces of evidence?

A prosecutor attempts to lay charges against an alleged perpetrator (in New Zealand anyone can do this under the private prosecution provisions). The judge is presented with a set of pieces of ...
Greendrake's user avatar
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-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, ...
chausies's user avatar
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-1 votes
2 answers
237 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 ...
TJM's user avatar
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1 answer
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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 ...
Rodelyne Augustin's user avatar
-1 votes
2 answers
260 views

cop lies about confession

There are 4 people at this house. Drugs and a gun were found. The police decides to arrest and charge the person who was closer to the gun and drugs. DNA samples taken from the gun show two different ...
michelle duvall's user avatar
-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 ...
Jake Baldwin's user avatar
-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? ...
SpoiltAroma14's user avatar
-3 votes
2 answers
268 views

Why did the judge allow the state to present the personal side of George Floyd to the jury?

I just saw the opening statements for the George Floyd case. At the end of the opening statement of the State, they presented a slide with several bullet points that gave personal information about ...
user avatar
-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 ...
George Ntoulos's user avatar
-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.
HelloDarkWorld's user avatar

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