Admissibility
Whether evidence meets legal requirements to be presented to the judge or jury.
What You Need to Know
Evidence must satisfy multiple requirements for admission: (1) relevance under Federal Rules of Evidence 401 (makes a fact more or less probable), (2) authentication under FRE 901 (evidence is what proponent claims), (3) no exclusionary rules apply (FRE 403 prejudice, hearsay, privilege, character evidence limitations), and (4) proper foundation is established. 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.
Legal References
- Federal Rules of Evidence 401 - Test for relevant evidence
- Federal Rules of Evidence 403 - Excluding relevant evidence for prejudice
- Federal Rules of Evidence 104 - Preliminary questions of admissibility
Relevant Practice Areas
Frequently Asked Questions
What makes evidence inadmissible?
Evidence is inadmissible if: (1) it lacks relevance, (2) it cannot be authenticated, (3) it constitutes hearsay without applicable exception, (4) it violates privilege (attorney-client, doctor-patient), (5) it is unfairly prejudicial under Federal Rules of Evidence 403, (6) it was obtained illegally (criminal cases), or (7) it violates character evidence rules. 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. However, you cannot use inadmissible deposition testimony at trial—the same evidentiary rules apply. Deposition exhibits must still be authenticated if you plan to use them at trial.
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."
Legal References
- •Federal Rules of Evidence 401-403
Related Terms
Need to Stamp Your Exhibits?
Try ExhibitPrep's browser-based exhibit stamping tool. No installation required.
Try ExhibitPrep Free