When we contemplate considering evidence in court or any legal setting, there are 2 separate issues which must be dealt with.
1. Is the material admissable? The rules tell us that very specifically.
The judge makes that decision after considering the various motions and
arguments submitted by the opposing attorneys.
2. If it is admitted, the next question is whether it is conclusive or persuasive. That decision is made by the jury in their deliberations or, in the case of a bench trial, by the judge.
The trier of fact, be it jury or judge will decide the verdict after all the evidence is presented.
NOTE: They are separate matters
1. Is the material admissable? The rules tell us that very specifically.
The judge makes that decision after considering the various motions and
arguments submitted by the opposing attorneys.
2. If it is admitted, the next question is whether it is conclusive or persuasive. That decision is made by the jury in their deliberations or, in the case of a bench trial, by the judge.
The trier of fact, be it jury or judge will decide the verdict after all the evidence is presented.
NOTE: They are separate matters
