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Is it permissible to introduce new evidence during a trial?
Yes, it is generally permissible to introduce new evidence during a trial, but there are rules and procedures that govern the admissibility of such evidence. The judge has the discretion to allow or exclude new evidence based on factors such as relevance, reliability, and fairness to both parties.
When do judges get evidence in a trial?
Judges receive evidence during a trial primarily during the presentation of cases by each party. This occurs after the opening statements, as witnesses are called and documents or physical evidence are introduced. The judge oversees the process, ensuring that evidence is admissible according to legal standards and rules of evidence. Additionally, judges may review evidence during pre-trial motions or hearings to determine its relevance and admissibility before the trial begins.
Should evidence be admitted in a prosecution's opening statements?
Evidence is never admitted during the opening statement, and the judges usually admonish the jury specifically that opening statements are only argument and not evidence. However, prosecutors will often show to the jury some evidence that they intend to introduce during the trial, but if for some reason that evidence is not introduced during the trial, the defendant can move for a mistrial at the close of the prosecution's case.
What is a motion requesting certain evidence not be brought out during the trial is called?
A motion requesting that certain evidence not be presented during a trial is called a "motion in limine." This motion is filed before or during trial to prevent prejudicial or irrelevant evidence from being introduced, ensuring that the jury is not influenced by information that could unfairly sway their decision. The court will evaluate the motion and determine whether the evidence should be excluded based on its relevance and potential impact.
What is a map hearing?
A "Mapp" hearing is a pre-trial hearing on whether or not to suppress a piece of evidence that is going to be introduced at trial. The evidence could be tangible evidence, such as an illegal substance, or intangible evidence, such as a confession.
Is it permissible for jurors to communicate with lawyers after a trial has concluded?
No, it is not permissible for jurors to communicate with lawyers after a trial has concluded.
What is to suppress in a trial?
Suppress means to exclude or prevent disclosure, often used in reference to evidence sought to be introduced at a criminal trial. A motion to suppress is a request to a judge to keep out evidence at a trial or hearing, often made when a party believes the evidence was unlawfully obtained.
Oral evidence of otherwise clear terms in a contract can be introduced at a trial to contradict those terms?
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Can a judge refuse to look at evidence presented during a trial?
No, a judge cannot refuse to look at evidence presented during a trial. It is their responsibility to consider all relevant evidence in making a fair and just decision.
Can new evidence be presented after a mistrial?
Yes, new evidence can be presented after a mistrial, especially if a retrial is ordered. In a retrial, both parties have the opportunity to introduce new evidence that may not have been available during the initial trial. However, the admissibility of this evidence will still be subject to the rules of evidence and the discretion of the judge. Additionally, the nature of the mistrial may influence what evidence can be introduced.
What happens if someone requests evidence in court but the prosecutors fail to present it?
You cannot "request evidence." If the prosecution does not introduce it at trial then there is nothing for the defense to request. If the defense has its own evidence they may introduce that. During the 'discovery' phase of the trial both sides will have, should have, listed all the evidence they intended to introduce. However, the failure of one side or the other to actually introduce it does not open the door for the opposition to demand that it be introduced.
How can the defense attorney effectively introduce new evidence during the trial to support their case?
The defense attorney can effectively introduce new evidence during the trial by following the rules of evidence, seeking permission from the judge, and presenting the evidence in a clear and convincing manner to support their case.
