Monday, March 14, 2011

Evidence Basics: Judicial Discretion

One of the basic tenets governing admissibility of evidence at trial is it is a matter within the discretion of the trial judge. Evidence admissibility issues are governed by the abuse of discretion standard on appeal.

Rulings on admissibility will be overturned only when the decision is arbitrary, fanciful or unreasonable and when the improper ruling substantially effects the outcome of the trial.

Beyond the statement that admissibility is governed by the discretion of the trial judge, evidence should be admitted if it is relevent and apropo to the matter at hand, admissibiliity limited by the potential for prejudice or confusion.

Evidence law in Illinois personal injury cases can be extremely nuanced and detail intensive. Trial judges are important gatekeepers of evidence in cases. In the event of a serious personal injury in Illinois, contact an attorney at The Law Offices of Adam J. Zayed, P.C. today in order to speak to someone who will be able to make the winning argument based on the facts of your case.

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