How to Get Evidence Thrown Out in Court

Everyone has seen a court case tried on television and movies where a damning piece of evidence is thrown out of court. This is a powerful weapon to yield in a case, as it makes the opposition seem unreliable.

Instructions

Difficulty: Moderately Challenging

1. Find out where the evidence came from or how it was acquired. Look through the paperwork associated with the piece and make sure that there are no dead ends or that it didn't simply appear out of thin air.
2. Research evidence law. Think about the different ways evidence can be thrown out. One of the most common is that a police officer did not acquire it in a legal way. Different laws will apply to different courts and case situations. This can be as simple as not getting a warrant.
3. Determine how you will argue that this piece of evidence can't be used in court. Know how this will fit into the court proceedings, ideally before it is presented to jurors. Make sure the jurors do not get the image in their heads before it gets thrown out or your efforts are futile.
4. Make a motion to the judge to throw out the piece of evidence. Present your perspective and be prepared to back it up with the legal reasoning and possibly an example in other cases where a similar piece of evidence was thrown out.
5. Give the judge ample time to make a decision on your motion. Most judges will make the decision quickly.