Admissibility
Whether evidence meets legal requirements to be presented to the judge or jury.
What You Need to Know
Under the Federal Rules of Evidence, irrelevant evidence is not admissible (Rules 401–402), the court may exclude relevant evidence whose probative value is substantially outweighed by dangers such as unfair prejudice (Rule 403), hearsay and privilege rules may bar it (Rules 802 and 501), and an item must be authenticated (Rule 901). Judges make preliminary admissibility determinations outside the jury's presence. Even relevant, authentic evidence may be excluded if its probative value is substantially outweighed by unfair prejudice under FRE 403.
Put this into practice
Use the step-by-step help to prepare and check your files. Definitions explain the terms; the rules and orders for your matter determine what is required.
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Frequently Asked Questions
What makes evidence inadmissible?
Evidence may be excluded in federal court if it is irrelevant, cannot be authenticated, is hearsay without an exception, is privileged, or its probative value is substantially outweighed by unfair prejudice or similar dangers under Federal Rule of Evidence 403, among other grounds the court decides. The party opposing admission must make timely objection or the issue is waived.
Can inadmissible evidence be used in depositions?
Yes. Deposition discovery allows broader questioning than trial. You can ask about inadmissible evidence (hearsay, privileged) during depositions for leads to admissible evidence. In federal court, Federal Rule of Civil Procedure 32(a)(1)(B) allows a deposition to be used at trial only to the extent it would be admissible under the Federal Rules of Evidence if the deponent were present and testifying. Exhibits marked at a deposition that are offered as evidence at trial must still be authenticated under Federal Rule of Evidence 901(a).
How do I challenge admissibility of opponent's exhibits?
Object on specific grounds before trial in motions in limine, or during trial when the exhibit is offered. State the legal basis: "Objection, hearsay" or "Objection, lacks foundation." The judge will rule on admissibility. If overruled, preserve error by making an offer of proof explaining why the evidence should be excluded for appeal purposes.
When It's Used
Determined by relevance, authentication, hearsay rules, and privilege
Example
"A business record is admissible if properly authenticated under FRE 803(6), but an out-of-court statement offered for its truth may be inadmissible hearsay."
References to check
Related Terms
Authentication
The process of proving that evidence is what it purports to be before it can be admitted at trial.
Foundation
The preliminary showing required before evidence can be admitted. Establishes relevance, authenticity, and reliability.
Trial Exhibit
Evidence formally marked and offered during trial proceedings. Must be authenticated and admitted before the jury can consider it.
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