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The quality of being admissible; admissibleness; as, the admissibility of evidence. The question of admissibility arises only when a party's offer of evidence draws an objection from another party. If an objection to admissibility is sustained the evidence is excluded from consideration at trial. However, a record of the evidence may be made for purposes of appellate review outside the presence of the jury. If an objection to admissibility is overruled the evidence is received and can be considered by the fact finder. If an error is asserted by the losing party, the issue will be preserved for appeal. Most jurisdictions do not require a formal assertion of error by the losing party. The admissibility of evidence is determined solely and exclusively by the trial judge. No one else has any say in the matter.


Admissibility of evidence is left to the sound discretion of the trial judge. State v. Stewart (1992), 253 Mont. 475, 479, 833 P.2d 1085, 1087. A review of a district court's evidentiary rulings is whether the district court abused its discretion. State v. Gollehon (1993), 262 Mont. 293, 301, 864 P.2d 1257, 1263.


State v. Mohr, 106 Ariz. 402, ...

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