IEA Section 136 — Judge to decide as to admissibility of evidence

Summary

When a party in a case wants to present evidence, the judge can ask them to explain how that evidence would be relevant if it were proven true. The judge must allow the evidence only if they believe it would be relevant. If a piece of evidence is only allowed after some other fact is proven first, that other fact must be proven before the evidence is given, unless the party promises to prove it later and the court accepts that promise. The judge may also decide the order in which such connected facts are presented, either allowing the first fact to be shown before the second is proven, or requiring the second fact to be proven first.

Official Text

When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise.
If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact first mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking.
If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact.

Old <-> New Code Mapping

• BSA §141 — Judge to decide as to admissibility of evidence