Evidence Big Picture Flowchart

Here is a big picture flowchart for analyzing whether evidence is admissible. First, has counsel asked a question? If so, apply Test # 1 to address whether there are any objections to the form of the question. Then, for all types of evidence, move on to Test #2 to address whether the proffered evidence is logically and legally relevant. In Test #3, issues of the presentation of the evidence are examined, whether the evidence is witness testimony, documents, or another type. If the evidence sounds like an out-of-court statement to prove the truth of the matter (hearsay), apply Test #4 to determine whether it may be admissible as non-hearsay by rule, or admissible because it falls into one of the hearsay exceptions. Finally, use Test #5 to determine whether any privileges apply.