Foreword

• Publication year: 1993
• Pages: 1173

22 Colo.Law. 1173 Colorado Lawyer 1993.

1993, June, Pg. 1173. Foreword

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1173

Vol. 22, No. 6, Pg. 1173

Foreword

The Admission of Evidence According to Hoyle

by William G. Meyer

District Court Judge Second Judicial District, Denver Colorado

In Commentaries, Blackstone defines evidence as "that which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue, either on one side or another."(fn1) Evidence should be viewed not only as the statement or exhibit sought to be admitted, but also in the context of the process through which the fact is presented to the finder of fact. As noted by Wigmore:

Evidence, then, is any matter of fact that is furnished to a legal tribunal otherwise than by reasoning or a reference to what is noticed without proof---as the basis of inference in ascertaining some other matter of fact.(fn2)

Without the requisite knowledge to present the matter to the fact-finder, the fact is of no consequence, no matter how probative it is of the issues in dispute

Few practitioners will totally master the mere fifty pages that comprise the sixty Rules of Evidence and the dozen evidentiary statutes. Although questions of admissibility can be complex and challenging, following these guidelines will make the answers easier to determine and counsel more effective during trial:

1) Read and reread the evidentiary rules and statutes;

2) Recognize the interrelationship between the rules and the statutes; and

3) Anticipate the evidentiary objections that may be made and prepare arguments ahead of time.

As Barbara Jordan once said, "If you're going to play the game properly, you'd better know every rule."(fn3) A periodic review of the rules assists the practitioner to understand their subtle nuances. Don't wait until the night before trial to review the rules. The Rules of Evidence are compact and each word and sentence has a definite purpose. Frequently, what is not said in a rule can be as crucial as what is said, and the determinative factor of whether evidence is admissible may be the purpose for which the evidence is offered. Two examples are illustrative of this point.

Hearsay is an out-of-court statement offered into evidence to prove the truth of the matter asserted.(fn4) Thus, if the statement is being offered for some purpose other than the truth of the content of the statement, such as notice to the hearer or the effect on the hearer, the evidence is not hearsay.(fn5) While the above example is familiar, it clues us in as to how all...