Here is a big picture flowchart for analyzing whether evidence is admissible. First, has counsel asked a question? If so, apply Test # 1 to address whether there are any objections to the form of the question.
Then, for all types of evidence, move on to Test #2 to address whether the proffered evidence is logically and legally relevant. In Test #3, issues of the presentation of the evidence are examined, whether the evidence is witness testimony, documents, or another type.
If the evidence sounds like an out-of-court statement to prove the truth of the matter (hearsay), apply Test #4 to determine whether it may be admissible as non-hearsay by rule, or admissible because it falls into one of the hearsay exceptions.
Finally, use Test #5 to determine whether any privileges apply.
Credit/link to brendanconley.com.
13 thoughts on “Evidence Big Picture Flowchart”
This flow chart is amazing! Thanks for posting it. It offers a great approach to evidence questions. Thanks again!
Awesome approach. Thumbs up.
Thank you so much for creating this document. This approach provides an excellent map for an evidence problem.
Glad it’s helpful!
Thanks so much. I struggle learning. Your charts provide a different way to learn. Merry Christmas & Thanks again!
These are incredible! Organization has always been the hardest part of preparing for law school exams and I am such a visual learner. Thank you for sharing these.
Amazing, thank you so much. Do you have shirts from criminal and civil procedure as well:)
Crim pro is here. Never made a civ pro chart though.
Very useful. Thank you for creating this page.
Thank you Brendan, I have benefitted greatly from your technical legal skillset
You are a hero
Thank you so much for all of these charts.