Ralph Adam Fine writes and presents seminars on the big ideas of trial advocacy and evidence. He is a Wisconsin Court of Appeals judge, formerly serving on Milwaukee’s circuit court. You might recall a PBS Frontline segment which–for the first time–filmed jury deliberations in a criminal trial. Fine presided over that trial.
Fine sees the law of evidence as “an ever-narrowing funnel.” The five main stages through the funnel are:
1. Relevance: Is the evidence of consequence to the dispute?
2. Capability: Does the evidence have the ability to be relevant?
3. Necessity and Expense: Should a party be relieved of the burden of presenting certain evidence, and if so, to what extent?
4. Exclusion: Will a party or the process be unduly affected adversely by the admission of relevant evidence?
5. Privilege: Should the truth-ascertaining function of the trial bow to other interests?