Admissibility of evidence requires judicial assessment of relevance, with conditional facts proved or evidentiary sequencing governed by discretion. Section 136 entrusts the Judge with determining admissibility of evidence by requiring a party tendering evidence to explain how the alleged fact, if ... Summary
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Admissibility of evidence requires judicial assessment of relevance, with conditional facts proved or evidentiary sequencing governed by discretion.
Section 136 entrusts the Judge with determining admissibility of evidence by requiring a party tendering evidence to explain how the alleged fact, if proved, would be relevant. Evidence must be admitted where the fact would be relevant if established, and excluded where it would not. The inquiry concerns the proposed fact's relevance rather than its prior proof at the point of tender.
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