“How to Get Your Evidence Admitted” Manual

What problems are you encountering when trying to get your exhibits admitted into evidence?  Do you have specific evidentiary issues or topics that you’d like me to address?

Before I create a step-by-step manual for getting your evidence admitted, I need to know whether it’s something you’d be interested in and what topics you’d like me to address.  Please do me a quick favor and take 30 seconds to let me know if you’d be interested (“Yes, I’m interested,” “Nope, not interested,” “I’d rather read about…”) so I’ll know it’s worthwhile, and then tell me what topics you’d like me to cover.

Thanks in advance for your feedback,
Elliott's autograph
Elliott Wilcox
Editor, Trial Tips Newsletter

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99 thoughts on ““How to Get Your Evidence Admitted” Manual

  1. Yes, getting evidence into the record is critical. No evidence in the evidence file, nothing for the court to rule on. I would like for my evidence to be the ONLY evidence that the court has to look at, but it seems as though ‘their’ side is the only side that has no problem getting evidence admitted.
    All help is appreciated.

  2. When some violent incident takes place on the party of either of the party to the trial and the counsel wants to get his application on that incident, it is almost certainly rejected. How to get it admitted? What to do when you have a provisional copy and not the certified one?

  3. Information on laying the foundation for admitting scientific test results would be helpful.

  4. Yes, I am interested. I’m with Randy…..pls cover business records and impeachment with business/medical records


  6. Yes, interested. Anything that helps the tools needed for trial is always a benefit. Thanks.

  7. Yes, I’d like to second the MySpace/Facebook/Dating site stuff, I have a couple of cases where that would be helpful. Also, Florida DCF investigative findings (presumably I’d need to subpoena the investigator or records custodian, but confirmation would be nice), and a general “most frequent evidentiary issues” would be great by itself.

  8. Very Interested. Recently lost a trial because critical evidence was excluded. Need to know what I did wrong!

  9. Yes, I’m interested, and thank you for all you do in helping all of us become better advocates.

  10. I am interested. I would specifically like information on getting your exhibits authenticated, i.e. the photographer testifying that the snapshot is one he took, etc.

  11. Yep, me too. Evidence is the one course in law school that should be a year long (at least) and isn’t.

  12. Yes, I am interested. Evidence is the basis of an entire trial; without it, trials would become nonexistent.

  13. Defenitely interested. Family Photos, business receipts and the like; these are topics of special interest for me. Thanks a million for your hints.

  14. this is definitely something that would be worthwhile. I am currently in a trial in which the only evidence against the accused is a confession statement. the problem is the original statement was lost and they are trying to put in a copy. as a defense attorney, i am trying to make this a task for the prosecutor. maybe you could look at copies of exhibits as well.

  15. We sure are interested. Our lack of prompt response was due to the fact that we have been putting your techniques and suggestions to work battling the Allstate monster up here in Cleveland. Love the advice and the results speak for themselves. We need more!

  16. Yes, I am interested! With the advent of emails and texts, I think that would be a great section to include. And by the way, thank you so much for your great work.

    Maybe one day you can plan a conference so that we can get to meet you and have a couple of days of hands on experience. (I’d love to help plan it)

  17. Definitely interested.

    A big thank you, also, for making your information relevant to prosecutors. So many “trial manuals” are focused on defence issues and leave us prosecutors trying to figure it out on our own. (Scary!)

  18. Elliott, It would be very helpful because the inability to lay a foundation for the admissibility of evidence is a trap for the unwary that can change the outcome of a trial.

  19. Hi Elliott! Most definitely interested! As others have commented, past material you have offered has been very, very helpful, and I look forward to this manual.

    The only specifics that come to mind are some of the more complex foundational and authentication issues of modern evidence — MySpace pages, AOL emails, Facebook pictures, etc.

    Thanks again for an extremely informative and helpful site — keep up the great work!

  20. Yes, I am interested in such a manual. I think it could be a valuable learning tool for us young lawyers, and a referesher for even some experienced attorneys. I have observed many lawyers get bogged down or confused by the mechanics of laying proper foundations, introducing evidence, and become flustered when the Judge sustains objections to introduction.

  21. I would like to see tips on cross examining witnesses while referring to dexhibits otherwise i think the site is a great lecturer, we dont get to learn these things at my law school!

  22. Yes – definately interested. I actually had an interesting issue lately. the officer pulled over a vehicle and was familiar with the driver. one thing that riased his suspicion was that the driver would not look at or speak to the officer. this was not how the driver had acted in the past. my argument was that the officer’s prior knowledge was part of his reasonable suspicion. defense argued that it was all prior bad act testimony. now it’s on appeal 🙂

  23. Hi Elliott, There is a reason the response is low – you do a wonderful job informing us with each of your letters, I’m impressed with all you do to help your fellow man/woman. Maybe touch on falsifying evidence ie: whiting out names etc. thanks for all you do, RoseAnn

  24. yes please do.

    biggest problem is a witness gives you very good evidence which you put down in a statement, however then on the witness stand he refuses to talk or lies… how could you try and get that orginal statemnt of the witness exhibited when the only statement that can be exhibited is that of the accused.

    Keep up the EXCELLENT work


  25. Yes, I’m interested, too.

    I’m not too worried about admissibility issues (I work for a large prosecutors office, so we’ve got lots of pre-canned predicate questions), but I’d like to tips on the best way to present evidence to the jury after it’s admitted, so that they see it, focus on the parts I want them to focus on, and remember it for deliberations.

  26. I loved the objections manual, and would definitely be interested in a manual on how to get evidence admitted. I’m still at the beginning stages of my career, so everything helps.

  27. Yes, definitely interested. Please address admitting business records (specifically, medical billing records if possible) and how to keep jurors interested when dealing with lots of paperwork.