How to Prevent Evidence in a Trial

In a trial, evidence refers to any testimonies, exhibits, objects or documentation used to prove or disprove a fact or statement. Evidence may be excluded from consideration by the judge or jury if it will interfere with the defendant's ability to receive a fair trial. In order to prevent evidence from being admitted in a trial, there are certain factors and circumstances you must consider.

Instructions

Difficulty: Moderate

1. Cooperate fully with the discovery process for your trial. During the discovery process, attorneys from both the defense and the prosecution may request and sometimes force the production of evidence.
2. Provide the types of information that are typically requested during the discovery process of a trial. Attorneys will usually request the identities of any witnesses as well as personal, professional and contact information for each witness. If the case is related to a business, attorneys are also likely to request detailed background information and documentation about the organization and how it is run.
3. Enforce your right to privacy. Though the definition of a person's right to privacy varies greatly throughout different court systems, it is widely recognized that a person should not have to provide personal information that is not relevant to his case. Though the boundaries around this type of information might be vague, you should never feel pressured to provide details you would not feel comfortable discussing with a family member or friend, unless an attorney provides a subpoena.
4. Find out what types of personal information you can prevent from being used as evidence. For example, in most cases, information related to health issues and sexual practices cannot be admitted as evidence in a trial. Also, information about your spiritual beliefs or relationships with your immediate family members is usually inadmissible as evidence.
5. Identify evidence that is directly related to any of the defendant's family members, friends or coworkers. In general, judges are much more likely to prevent evidence from being admitted if it would violate the privacy of people who are not directly related to the case. The limitations for the type of personal information that can be discovered about a witness or other third party are typically stricter than they are for the defendant.
6. Prevent evidence concerning confidential conversations between certain people. For example, you may be able to exclude evidence of conversations between a doctor and her patient or a lawyer and his client.

Tips & Warnings

• There are certain types of evidence that you cannot exclude. Know that almost anything related directly to the case is considered fair game during the discovery process, unless it is considered legally protected or privileged information.