Also known as: admitted into evidence
Written by attorneys · grounded in primary & secondary sources — see below
Material that a court has formally received and accepted for consideration during a proceeding. Once material attains this status it may be shown to the factfinder and relied upon in deciding the case.
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Imani Idowu sued Integrity Partners alleging breach of a supply contract. She sought every internal pricing model the company had used over five years. The court denied the motion to compel because the request was not proportional to the needs of the case. The models therefore never came in evidence at trial.
Ian Iverson offered an out-of-court email from a former employee to prove that Indigo Textiles had overbilled customers. Because the email was offered to prove the truth of the matter asserted it constituted hearsay. The court excluded the email so it never came in evidence.
Idris Ives sued Infinity Bank claiming an oral side agreement modified a written loan contract. The bank offered testimony of the pre-contract negotiations to show the writing was completely integrated. The court admitted the testimony so the negotiations came in evidence on the integration issue.
The government served a Rule 17(c) subpoena on Ilana Isaacs's accountant for financial ledgers. The court ordered production before trial so the parties could inspect the ledgers. After inspection the ledgers were marked and came in evidence at the hearing.
Ike Ingram and Ivan Ivanov participated in mediation to settle a contract dispute. During the session Ike made a damaging admission. Because the Uniform Mediation Act privileges mediation communications the admission was never offered or received in evidence at the later trial.
Interlink Communications offered only the first twenty pages of a key deposition at trial. The adverse party invoked Rule 32(a)(6) and required introduction of the remaining pages that placed the excerpts in context. The full deposition transcript therefore came in evidence.
No. Under the current discovery standard a party may obtain nonprivileged matter that is relevant and proportional even if the material itself would not be admissible at trial.
Extrinsic evidence of a prior inconsistent statement is admissible only after the witness has been given an opportunity to explain or deny the statement unless the court orders otherwise.
Rule 806 permits impeachment of a hearsay declarant by any evidence that would be admissible if the declarant had testified but still bars extrinsic evidence of specific instances of conduct under Rule 608(b).
…committee that the purpose of Rule 17(c) was to bring documents into court "in advance of the time that they are offered in evidence, so that they may then be inspected in advance, for the purpose . . . of enabling the party to see whether he can use (them) or whether he wants to use (them)." 341 U.S., at 220 n.5, 71…