At trial, the admissibility of evidence is within the trial court’s discretion. Nelson v. Waxman, 9 S.W.3d 601, 604 (Mo. 2000). There is an “abuse,” in this context, when a (1) ruling is clearly against the logic of the circumstances and is (2) so unreasonable and arbitrary that the ruling shocks the sense of justice and…
Legal Articles
Unfair Prejudice, Evidence
Evidence is inadmissible if it is “unfairly prejudicial.” Stated differently, if the “prejudicial effect substantially outweighs the probative value, the evidence is unfairly prejudicial…and must be excluded.” Shallow v. Follwell, 554 S.W.3d 878, 885 (Mo. 2018). When is evidence “prejudicial”? “Evidence is prejudicial if it tends to lead the jury to decide the case on some basis…
Explicit and Implicit Credibility
When arguing cases on appeal, it is virtually impossible to overturn a credibility determination made in the lower court. Indeed, appellate courts “defer to the trial court’s credibility determinations.” Federal Nat. Mortg. Ass’n v. Wilson, 409 S.W.3d 490, 494 (Mo. Ct. App. 2013). The reason for this deference is that lower courts in a better position…
Evidence: Lack of Foundation
Whether it be at a deposition or at trial, objections for “lack of foundation” are one of the more common objections. But what does it mean? An objection based on lack of foundation usually means that the evidence or document lacks authentication, identification, logical relevance, or legal relevance. Kappel v. Prater, 599 S.W.3d 196 fn…
Hearsay within Hearsay or Double Hearsay
Hearsay is any out-of-court statement that is used to prove the truth of the matter asserted and that depends on the veracity of the statements for its value. State v. Harris, 620 S.W.2d 349, 355 (Mo. 1981). Generally, hearsay is inadmissible, State v. Shurn, 866 S.W.2d 447, 457-58 (Mo. 1993), though there are a significant…
Exception to Offer of Proof Requirement
An offer of proof is generally required to preserve claims of error regarding the wrongful exclusion of evidence during a trial. There is a limited exception to the offer of proof requirement. There are three requirements for this exception to apply: (1) the record must show a complete understanding of the excluded testimony, (2) the…
Expert Witness Admissibility
Trial courts have substantial discretion when deciding whether to admit evidence at trial. This discretion extends to expert witness testimony. On appeal, a trial court’s decision to admit or exclude expert testimony is reviewed for an abuse of discretion. Spalding v. Stewart Title Guar Co., 463 S.W.3d 770, 778 (Mo. 2015). Not everything is discretionary….
Challenging the Admission/Exclusion of Evidence
A trial court has “considerable discretion” regarding the admission or exclusion of evidence. Lozano v. BNSF Ry. Co., 421 S.W.3d 448, 451 (Mo. 2014). An appellate court will typically only overrule a decision on the admission or exclusion of evidence if it is a clear abuse of discretion. The error must “materially affect” the merits…
Settlement Offer as Evidence, Admissibility
Because the law encourages settlement and compromise, “offers of compromise of an existing controversy are privileged and inadmissible and the offeree may object to testimony as to another’s offer of compromise.” Chase Third Century Leasing Co., Inc. v. Williams, 782 S.W.2d 408, 412 (Mo. Ct. App. 1989). There is at least one prominent exception to…
Improper Admission/Exclusion of Evidence
In trials in Missouri, the Court has “considerable discretion” in the admission or exclusion of evidence, and, absent clear abuse of discretion, its actions will not be grounds for reversal. Cox v. Kansas City Chiefs Football Club, Inc., 473 S.W.3d 107, 114 (Mo. 2015). An abuse of discretion occurs if the decision is “clearly against…