Admissibility is determined by a sequence of questions: is the evidence relevant, is it excluded by a specific rule such as hearsay or privilege, has an adequate foundation been laid, and does its probative value survive balancing against unfair prejudice.
The proponent bears the burden of establishing admissibility when the evidence is challenged.
Alternative Names:
Admissible Evidence, Evidentiary Admissibility
Why it Matters?
Admissibility is decided in advance far more often than in the moment, through motions in limine that shape what each side may argue. Winning a limine motion on a central item of proof frequently determines the outcome before opening statement. That makes pretrial evidentiary work among the highest-leverage activity in trial preparation.
Frequently Confused with
Related terms
Frequently asked questions
What is the difference between admissibility and weight?
When are admissibility disputes usually resolved?
