Legal Question in Family Law in Arizona
Inadmissable Evidence
I understood that if a judge ruled evidence is inadmissable, then it cannot be used in anyway. Is this correct? If evidence was ruled inadmissable, what happens if an attorney mentions some of that evidence in a post hearing memorandum. Thank you.
Asked on 8/06/99, 11:01 am
1 Answer from Attorneys
Barbara C. Johnson
Law Office of Barbara C. Johnson
Re: Inadmissible Evidence
If the judge ruled the evidence inadmissible,
the evidence may not be given to a trier-of-fact, whether
judge or jury, as evidence to be considered with the other evidence at trial. That an attorney mentioned it at any hearing does not turn the inadmissible evidence into admissible evidence. Attorneys' arguments are not evidence.
Answered on 8/10/99, 8:48 pm
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