Admissibility
Definition
Admissibility refers to whether a piece of evidence can be legally presented to a judge or jury in court. Not all evidence is admissible—courts apply rules to ensure that only reliable, relevant, and fairly obtained evidence is considered. Evidence that fails to meet these standards may be excluded, meaning the jury will never see or hear it.
How It’s Used in Personal Injury Cases
The question of admissibility arises throughout litigation, from pretrial motions to the trial itself. Attorneys on both sides argue over whether certain documents, witness testimony, photographs, or expert opinions should be allowed. The Federal Rules of Evidence (and corresponding state rules in Texas) govern what types of evidence are admissible and under what conditions.
Common admissibility issues in personal injury cases include challenges to medical expert qualifications, objections to hearsay statements, and motions to exclude evidence obtained improperly or evidence that is more prejudicial than probative.
Practical Example
In a trucking accident case, your attorney wants to introduce the driver’s cell phone records showing he was texting moments before the crash. The defense objects, arguing the records were not properly authenticated and may contain hearsay. The judge holds a hearing on the matter and ultimately rules the records are admissible because they were obtained through proper subpoena and a phone company representative can verify their authenticity. This evidence is now available for the jury to consider.
Why It Matters to Your Case
Evidence is only valuable if it’s admissible. A smoking-gun document or a damaging photograph means nothing if the court excludes it. Skilled attorneys understand the rules of evidence and work to ensure that helpful evidence is admitted while challenging the admissibility of evidence that could hurt your case. Pretrial motions in limine are often filed specifically to resolve admissibility questions before trial begins.
Key Takeaway
Admissibility determines what evidence the jury can consider when deciding your case. Understanding the rules of evidence—and having an attorney who can navigate them—is essential to presenting the strongest possible case.