Admissibility of evidence: judge assesses relevance and may order foundational proof or control sequence of proof. Judge must determine whether proposed evidence is relevant and admit it only if satisfied of its relevance. If admissibility of a fact depends on proof of another foundational fact, that foundational fact must generally be proved first unless the Court accepts an undertaking to prove it. Where relevancy depends on another fact, the Judge has discretion to permit evidence of the dependent fact before the foundational fact is proved or to require proof of the foundational fact first, allowing the Court to control the sequence of proof to establish conditional admissibility and foundational facts.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Admissibility of evidence: judge assesses relevance and may order foundational proof or control sequence of proof.
Judge must determine whether proposed evidence is relevant and admit it only if satisfied of its relevance. If admissibility of a fact depends on proof of another foundational fact, that foundational fact must generally be proved first unless the Court accepts an undertaking to prove it. Where relevancy depends on another fact, the Judge has discretion to permit evidence of the dependent fact before the foundational fact is proved or to require proof of the foundational fact first, allowing the Court to control the sequence of proof to establish conditional admissibility and foundational facts.
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