Also known as: admissibility · evidence admissibility
Written by attorneys · grounded in primary & secondary sources — see below
Evidence that satisfies the requirements of the Federal Rules of Evidence or other applicable rules and may therefore be presented to the trier of fact.
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Amber Alonzo sued Apex Dynamics for breach after a product failed. Apex moved for summary judgment citing internal logs. Alonzo responded with an expert report but could not produce admissible evidence linking the logs to her specific injury. The court granted the motion because Alonzo failed to create a genuine dispute with admissible materials.
Adam Anderson faced assault charges. The prosecutor sought to introduce testimony that Anderson had a reputation for violence to show he acted violently on the night in question. The court excluded the evidence because it was offered solely to prove conformity with a character trait.
Alexis Archer entered a not guilty plea to a theft charge. Two weeks later her counsel attempted to introduce expert testimony of a mental disease excluding responsibility. The court barred the evidence because Archer had not filed the required written notice within the statutory window.
Anika Anand represented a client in a contract trial. During closing she asserted that a key witness had lied on the stand and that the opposing party was culpable, even though she lacked admissible evidence to support those claims. The court sustained the objection and instructed the jury to disregard the statements.
Audrey Ashton sued Alliance Holdings for breach of a supply contract. The writing contained an integration clause. Ashton offered testimony of an oral side agreement made the day before signing. The court admitted the testimony to establish the meaning of an ambiguous delivery term.
Alice Atkins was arrested without probable cause. Officers later obtained a voluntary confession from a co-defendant who had no knowledge of the illegal arrest. The court admitted the confession because the taint from the initial illegality had dissipated through intervening circumstances.
A party may obtain summary judgment by showing that the adverse party cannot produce admissible evidence to support a fact. The movant must cite record materials or demonstrate the absence of admissible support for the nonmovant's claim.
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Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. Limited exceptions exist in criminal cases when a defendant offers evidence of a pertinent trait.
…upon testimony of a consenting partner, because the partner was considered an accomplice. A partner's testimony, however, was admissible if he or she had not consented to the act or was a minor, and therefore incapable of consent. See, e. g. , F. Wharton, Criminal Law 443 (2d ed. 1852); 1 F. Wharton, Criminal Law 512 (8th…
…made in good faith and is not a fishing expedition. In this case the Special Prosecutor had to clear three hurdles: relevancy, admissibility
…TXO Production Corp. v. Alliance Resources Corp. , 509 U. S. 443, 462, and n. 28 (1993) (characterizing as "well-settled" the admissibility
…for use in criminal cases in violation of the Fourth Amendment; and (e) a provision directing that no evidence
…or from an agreement, tacit or express." Theatre Enterprises , 346 U.S. While a showing of parallel business behavior is admissible
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Evidence of mental disease or defect excluding responsibility is not admissible unless the defendant files a written notice of intent to rely on the defense at the time of the not guilty plea or within ten days thereafter, unless the court permits a later filing for good cause.
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A lawyer may not allude during trial to any matter that the lawyer does not reasonably believe will be supported by admissible evidence.
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Agreements and negotiations prior to or contemporaneous with the adoption of a writing are admissible in evidence to establish the meaning of an ambiguous term or to show that the writing is not integrated.
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Evidence obtained as a result of an unconstitutional search or arrest may be admissible if the connection between the illegality and the evidence has become so attenuated as to dissipate the taint, considering factors such as temporal proximity and intervening circumstances.
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