Section 1.19 The Judge and Judicial Discretion

• Library: Sources of Proof (2014 Ed.)

F. (§1.19) The Judge and Judicial Discretion

The trial judge has tremendous discretion in the admission or exclusion of evidence. Trial judges differ in their general attitude and philosophy as to the application of the rules of evidence. There is also a difference in the way appellate courts in the various state jurisdictions or in the federal system view the use or abuse of that discretion. All of these factors must be considered in deciding on the best forum or, where available, taking a change of...