I have questions about discovery and evidence.
What makes evidence "admissible"?
Answer
CourtHelp’s Legal Glossary defines discovery as: “the gathering of information (facts, documents, or testimony) before a case goes to trial. Discovery is done in many ways, like through depositions, interrogatories, or requests for admissions.”
"To be admissible, evidence must be relevant and its probative value outweigh the risk of any undue prejudice. Evidence has probative value if it leads the mind to the affirmative or negative of the proposition in issue and is competent. Probative value depends upon relevancy and materiality while the requirement of competency imposes the additional qualification that the evidence be fit for consideration by the trier of the facts. " 57 N.Y. Jur. 2d Evidence and Witnesses § 173
CourtHelp provides brief summaries of discovery and evidence. For in-depth treatment, visit a local public access law library.