Presentation of evidence - Control by court

Learning Outcomes

After reading this article, you will understand how courts control the presentation of evidence in civil and criminal trials. You will be able to identify the judge’s role in ruling on admissibility, issuing limiting instructions, and managing the order and form of evidence. You will also be able to apply these principles to MBE-style questions involving judicial discretion and evidentiary objections.

MBE Syllabus

For the MBE, you are required to understand the court’s authority over the presentation of evidence and the procedural mechanisms for challenging or limiting evidence. This includes:

  • The judge’s power to rule on the admissibility of evidence.
  • The process for making and preserving objections and offers of proof.
  • The use and effect of limiting instructions when evidence is admissible for one purpose but not another.
  • The judge’s discretion to control the order and mode of presenting evidence.
  • The distinction between questions of law (for the judge) and questions of fact (for the jury).

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Who decides whether evidence is admissible at trial?
    1. The jury
    2. The judge
    3. The parties by stipulation
    4. The witness
  2. When evidence is admissible for one purpose but not another, what must the court do upon request?
    1. Exclude the evidence entirely
    2. Give a limiting instruction to the jury
    3. Allow the jury to decide how to use the evidence
    4. Refer the issue to a special referee
  3. If a party wishes to challenge the exclusion of evidence on appeal, what must they do at trial?
    1. File a motion in limine only
    2. Make an objection or offer of proof on the record
    3. Wait until after the verdict
    4. Ask the jury to disregard the evidence

Introduction

In every trial, the court plays a central role in controlling how evidence is presented. The judge decides which evidence the jury may consider, how it is introduced, and what instructions are given about its use. Understanding these controls is essential for answering MBE questions on evidence and for effective trial advocacy.

Judicial Authority Over Evidence

The judge determines all questions of law regarding evidence, including whether a piece of evidence is admissible. This includes ruling on objections, deciding preliminary questions of fact that affect admissibility, and managing the sequence and form of evidence.

Key Term: Admissibility The legal determination by the judge that evidence may be considered by the trier of fact.

Rulings on Evidence

When a party objects to evidence, the judge must rule on the objection. If the objection is sustained, the evidence is excluded. If overruled, the evidence is admitted. The judge may also exclude evidence on their own initiative if it is inadmissible.

Key Term: Objection A formal statement by a party challenging the introduction of evidence or a question at trial.

Offers of Proof

If the judge excludes evidence, the party offering it must make an offer of proof—explaining what the evidence would have shown—to preserve the issue for appeal. This is usually done outside the presence of the jury.

Key Term: Offer of Proof A statement on the record describing excluded evidence and its relevance, made to preserve the issue for appellate review.

Limiting Instructions

Sometimes, evidence is admissible for one purpose but not another, or against one party but not another. Upon request, the judge must instruct the jury to consider the evidence only for the permitted purpose or against the permitted party.

Key Term: Limiting Instruction A direction from the judge to the jury specifying the limited purpose or party for which evidence may be considered.

Mode and Order of Presenting Evidence

The judge has discretion to control the order and manner in which evidence is presented. This includes the power to exclude cumulative evidence, prevent harassment of witnesses, and require that evidence be presented efficiently and fairly.

Key Term: Judicial Discretion The authority of the judge to make decisions on procedural and evidentiary matters based on fairness and efficiency.

Preserving Error for Appeal

To challenge an evidentiary ruling on appeal, a party must make a timely objection or offer of proof, stating the specific ground for the objection. Failure to do so usually waives the issue.

Worked Example 1.1

During a civil trial, the plaintiff seeks to introduce a prior conviction of the defendant to impeach credibility. The defendant objects, arguing the conviction is too old. The judge sustains the objection and excludes the evidence. The plaintiff’s attorney asks to make an offer of proof outside the presence of the jury, stating that the conviction is for a crime involving dishonesty and occurred eight years ago.

Answer: The attorney’s offer of proof preserves the issue for appeal by explaining the nature and relevance of the excluded evidence. If the appellate court finds the exclusion was error, the record will show what evidence was kept from the jury.

Worked Example 1.2

In a criminal case, evidence of the defendant’s prior bad act is admitted to show motive, but not to prove character. The defense requests a limiting instruction. What must the judge do?

Answer: The judge must instruct the jury to consider the evidence only for the purpose of showing motive, not as proof of the defendant’s character or propensity to commit the crime.

Exam Warning

Evidence admitted for a limited purpose can be highly prejudicial if the jury is not properly instructed. Always consider whether a limiting instruction is required and whether the party requested it. Failure to request a limiting instruction may waive the issue for appeal.

Revision Tip

When reviewing evidence questions, practice identifying whether an objection or offer of proof is needed to preserve an issue for appeal. Remember that the judge—not the jury—decides all questions of admissibility.

Key Point Checklist

This article has covered the following key knowledge points:

  • The judge decides all questions of law regarding the admissibility of evidence.
  • Parties must make timely objections or offers of proof to preserve evidentiary issues for appeal.
  • The judge must give limiting instructions when evidence is admissible for one purpose but not another, if requested.
  • The judge controls the order and mode of presenting evidence and may exclude evidence to avoid unfair prejudice, confusion, or delay.
  • Judicial discretion governs many procedural and evidentiary matters at trial.

Key Terms and Concepts

  • Admissibility
  • Objection
  • Offer of Proof
  • Limiting Instruction
  • Judicial Discretion
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