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Evidence Big Picture Flowchart

First, determine if an objection can be made to the form of the question asked. Then, examine if the evidence is logically and legally relevant. Finally, check if the evidence could contain hearsay by determining if it falls under a hearsay exception or privilege before ruling on its admissibility.

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4K views3 pages

Evidence Big Picture Flowchart

First, determine if an objection can be made to the form of the question asked. Then, examine if the evidence is logically and legally relevant. Finally, check if the evidence could contain hearsay by determining if it falls under a hearsay exception or privilege before ruling on its admissibility.

Uploaded by

weichoong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Here is a big picture flowchart for analyzing whether evidence is admissible.

First,
has counsel asked a question? If so, apply Test # 1 to address whether there are any
objections to the form of the question.
Then, for all types of evidence, move on to Test #2 to address whether the proffered
evidence is logically and legally relevant. In Test #3, issues of the presentation of the
evidence are examined, whether the evidence is witness testimony, documents, or
another type.
If the evidence sounds like an out-of-court statement to prove the truth of the matter
(hearsay), apply Test #4 to determine whether it may be admissible as non-hearsay
by rule, or admissible because it falls into one of the hearsay exceptions.
Finally, use Test #5 to determine whether any privileges apply.

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