Evidence is one of those areas in which it’s helpful to keep in mind the big ideas. I have a few notes from various sources, and I’ll post some of them over the next few weeks.
Jim McElhaney, the Case Western trial advocacy guru, highlighted a number of important points a few years back, and here are my notes on his comments:
1. We do not want the whole truth.
2. We judge the acts, not the person.
3. We do not want 3-ring circuses. Keep attention focused on the center ring.
4. We want the real witness. We want reliable, firsthand information.
5. We want basic fairness (“a sporting chance”), not perfection.
6. We need to watch out for the lawyers.
7. We want evidence that meets the three R’s: Relevant: proves or disproves something in issue; Reliable: is either firsthand or otherwise trustworthy. Real: is what it purports to be.
8. We need the judge to be the gatekeeper. If the judge wants to hear it, it is admissible.
9. We understand that the same evidence may serve different purposes. Evidence inadmissible for one purpose or under one rule, may be admissible for another purpose or under another rule.
10. We know that things change, even during trial. Those things can trigger the admissibility of evidence otherwise inadmissible (i.e., “opening the door”).