Admissible

“Pertinent and proper to be considered in reaching a decision.” Evidence that is “of such a character that the court or judge is bound to receive it; that is, allow it to be introduced.” (Black’s Law Dictionary). “The evidence that a trial judge may allow in at a trial for the judge or jury to consider in reaching a decision” (Nolo’s Law Dictionary). Admissible is sometimes also spelled as admissable. Both are technically correct in English, though admissible is generally accepted as the proper form (and most commonly used spelling), of the word.

Example Sentence

After looking it over and hearing both sides argue as to its pertinence, the judge determined that the piece of evidence was admissible, and thus added it to the rest of the evidence.

Case Study

Dale had recently experienced a traumatic car crash as a result of a drunk driver.  Though the evidence seemed obvious, Dale hired Kyle, a personal injury lawyer, who was able to obtain the past driving record and chemical tests of the drunk driver. Kyle knew exactly what to get because he knew what evidence would be admissible in court and what would not be allowed. In the end, Kyle won the case securing Dale enough money to allow him to recover from the whiplash and other injuries sustained from the accident.

Other Important Information

“To be admissible in court, the evidence must be relevant (i.e., material and having probative value) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or based on hearsay)” (Cornell Law School). There are several specifics on what pieces of evidence are admissible in Utah auto cases (Utah Auto Law)

Examples of Evidence that is admissible includes:

  •  Mortality or annuity tables;
  •  Surveillance videos contradicting the defendant’s injury claims;
  •  Crash films simulating what the crash would have looked like are admissible upon certain conditions;
  •  Evidence of profanity or uncooperative and threatening conduct prior to the accident to prove intoxication;
  •  Results of chemical tests showing that drugs or alcohol were used by the driver (41-6a-516).
  •  The cost of replacing you as the owner of a business in determining lost earnings;
  • Lost earning based on profits from the company that come from others or use of capital; and
  • The amount of money awarded in a prior injury settlement.
  • Evidence that the defendant gave, offered, or promised to pay medical expenses to show liability for the injury;

As you can see, the type of evidence that is allowed or not is very complicated. The best approach is to hire an attorney with the experience and competence to navigate your case and help you win a fair settlement.

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Personally reviewed by attorney Ken Christensen

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