Summary: Substitutes For Evidence
Substitutes for Evidence
During a trial there may come a time that a jury is specifically told what facts to believe instead of having both attorneys introducing evidence to them. The three categories that these facts fall under are called stipulation, judicial notice and presumptions (Hails 2009). A stipulation is an agreement between both attorneys that a one or more facts exist in regards to the case (Hails 2009). A written document stating the stipulation is introduced in court if the agreement was made before trial. If the agreement is made during the trial then a oral record will be established. When the agreement is made to judge will make a statement to the jurors and then once again during the jury instructions (Hails 2009).
During a trial there may come a time that a jury is specifically told what facts to believe instead of having both attorneys introducing evidence to them. The three categories that these facts fall under are called stipulation, judicial notice and presumptions (Hails 2009). A stipulation is an agreement between both attorneys that a one or more facts exist in regards to the case (Hails 2009). A written document stating the stipulation is introduced in court if the agreement was made before trial. If the agreement is made during the trial then a oral record will be established. When the agreement is made to judge will make a statement to the jurors and then once again during the jury instructions (Hails 2009).