What is Admissible Evidence in Divorce Cases
Attorney Vonda Covington says: I get clients who bring me information and documents all the time and want me to use them in a hearing. My job is to make these documents admissible. If they are not admissible under the Rules of Evidence, we won’t be able to use them in a hearing or trial.
The Rules of Evidence have been developed to assure that evidence that is used in hearings and trials is reliable. There is a whole body of case law pertaining to what is admissible and what isn’t, in addition to the Rules of Evidence.
Your Attorney Can Help Make Your Evidence Admissible
In a litigated case, this is probably the most important reason that you need an attorney. Attorneys generally know the evidentiary rules; they know what is and isn’t admissible and what is required to make evidence admissible in your divorce case.
If you have documents that you want to use in a hearing or at trial, gather them together early in the case and get them to your attorney. Often, the attorney will have to get the documents from their source to make them admissible. Police reports, for example, will need either to be certified copies or accompanied by a business records affidavit. Emails from other people (not the other party) are likely to be hearsay and won’t be admissible without the person who sent the email at the hearing to testify. Text messages must show the date the message was sent or received and the person who sent it. You will need to get guidance from your attorney on what you can do to make your evidence admissible in your divorce.
Contact Us for Help in Understanding Admissible Evidence in Divorce
What is admissible evidence and what is not can be a complex topic and that’s one reason why you should choose an experienced divorce attorney to help you through the complex process of divorce in Texas. Call us at (281) 503-7373 for experienced, caring help with your divorce. You can also send an email through our contact form.