Evidence


Evidence submitted for consideration by the jury includes oral testimony, exhibits and a view of anything outside the courtroom as allowed by the court. Over the course of many centuries, certain rules have been established as to what evidence may be admitted in a trial and there are laws dealing with evidence to be considered by a jury.

THE PURPOSE OF THESE RULES AND THIS PROCEDURE IS TO DISCOVER AND PRESENT PROPER EVIDENCE TO THE JURY SO THAT IT MAY DETERMINE THE TRUTH AND FAIR TRIAL AND PROPER RESULT BE ASSURED.

During the course of a trial, OBJECTIONS to the evidence may be made by lawyers. The judge must decide if the objection is proper and if so, the judge will SUSTAIN the objection and exclude the evidence. If the objection is improper, the judge will OVERRULE the objection and the evidence will be submitted for consideration by the jury. If the objection involves something that should not be discussed in front of the jury until the judge reaches a decision, the jury will be excused from the courtroom or the lawyers and the judge may retire to the judge's chambers to discuss the matter. When the judge reaches a decision, the trial resumes.

THE MERE FACT THAT A LAWSUIT HAS BEEN STARTED IS NOT IN ITSELF EVIDENCE IN THE CASE, NOR SHOULD THE STATEMENTS AND ARGUMENTS OF THE LAWYERS BE CONSIDERED AS EVIDENCE. THE JURY SHOULD DISREGARD ANYTHING THE JUDGE ORDERS OR DIRECTS TO BE DISREGARDED.


Information       Courthouses       Coping with Stress       SD Unified Judicial System      
Juror Questionnaire       Home