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The Rules of Evidence
The trial process is governed by rules of evidence. Each court system has its own set of evidentiary rules and the character of the proceeding may vary somewhat depending on what types of evidence are permitted to be introduced. Most generally, proper evidence or testimony is that which is relevant and not privileged or hearsay. Definitions of relevance, privilege, and hearsay fill the law books and are explored more fully in the separate course on evidence. A brief description here will suffice.
The relevance of specific evidence is determined in relation to the scope of the issues in the case at hand. Irrelevant evidence is excluded in order to aid the trier of fact in focusing on what actually is in issue. Privileged matter is excluded to protect the privacy of individuals in certain relationships (e. g, doctor-patient, lawyer-client). Persons in a privileged relationship need not reveal any communications that occurred between them. The law places a greater value on preserving the sanctity of those relationships than on the need to find truth based on all the possible evidence. Hearsay is defined as an out-of-court statement offered to prove the fact or truth of the matter stated. The rules defining hearsay are riddled with exceptions. In general, the prohibition against the use of hearsay evidence exists because hearsay is deemed inherently unreliable because there is no opportunity to cross-examine the actual person who made the statement. The exceptions that are recognized typically involve situations in which other circumstance appear to ensure that the evidence is reliable( such as the exception for the introduction of records created during the day to day operation of a business), or in which there does not appear to be other evidence that could be used to prove the matter at issue(such as statements by a person regarding his motives).
Counsel must raise evidentiary objections immediately or they will be waived. In addition, in the case of privileged information, the parties to the relationship can waive their right to claim privilege by their conduct. If an objection is sustained, the evidence will be stricken or the jury will be instructed not to take it into account in rendering the verdict. A judge trial often is a little less rigid in adhering strictly to the evidentiary rules because it is assumed that the judge will disregard improper evidence and consider only proper evidence. Thus, there is less need for the lawyers to object as frequently. Similarly, there is less fear that improper evidence will be considered if the court sustains an objection. In the jury setting, there is a serious question whether it is reasonable to expect the jurors to disregard improper evidence that is mentioned in their presence, even if instructed to do so, or whether the jury has been so prejudiced that a mistrial should be called