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Offer of Proof, Evidence

Trials require evidence by a party to establish his or her claims or defenses. Only admissible evidence is permitted. Admissible evidence must generally be relevant, legally and logically. “Logical relevance” is the tendency to “make the existence of a material fact more or less probable.” State v. Freeman, 269 S.W.3d 422, 426 (Mo. 2008). “Legal […]

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Judicial Notice

To prove facts at trial, you need to typically present evidence or a stipulation as to certain facts. Evidence generally comes in the form of witness testimony and/or documentation. In some cases, the Court may take “judicial notice” of things that are “commonly known.”¬†Mince v. Mince, 481 S.W.3d 610 (Mo. Ct. App. 1972). For instance, […]

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Cumulative Evidence

For something to be admissible as evidence, it must be legally relevant. To be “legally relevant,” its probative value or usefulness must not be outweighed by its costs, including the dangers of unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or the needless presentation of cumulative evidence.¬†Kroeger-Eberhart v. Eberhart, […]

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